justicedao/ipfs_state_laws huggingface dataset:
603-095-3040 Required Prevention and Control Measures (1) Landowners must comply with OAR 603-095-3040(2) through (3) within the following limitations: A landowner is responsible for only those conditions resulting from activities controllable by the landowner. A landowner is not responsible for conditions resulting from activities on other lands. (2) Streamside Vegetation: (a) Effective January 1, 2005, agricultural activities must allow the establishment and development of appropriate vegetation along natural and channelized streams, consistent with site capability. Noxious weeds are not appropriate vegetation. Vegetation must be adequate to prevent unnatural streambank erosion, moderate water temperature, and filter sediment and nutrients from surface runoff. (b) Part (a) does not apply to irrigation water conveyance systems, including but not limited to irrigation canals, ditches, and laterals. (3) ODA Authority to Control Water Pollution: 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 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 72-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 25-2003, f. & cert. ef. 7-8-03
603-095-3060 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 603-095-3060(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 603-095-3060(4), "person" does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-3060(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 25-2003, f. & cert. ef. 7-8-03
603-095-3100 Purpose – Goose and Summer Lakes Basin (1) These rules have been developed to implement a water quality management area plan for the Goose and Summer Lakes Basin 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 Goose and Summer Lakes Basin Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Goose and Summer Lakes Basin 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 Goose and Summer Lakes Basin 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 74-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 22-2003, f. & cert. ef. 7-8-03
603-095-3120 Geographic and Programmatic Scope (1) The Goose and Summer Lakes Basin Agricultural Water Quality Management Area consists of the Goose and Summer Lakes Basin, as defined by the State of Oregon. 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 Goose and Summer Lakes Basin 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 lands that are held in Tribal Trust. (3) 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 Goose and Summer Lakes Basin Agricultural Water Quality Management Area. (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 22-2003, f. & cert. ef. 7-8-03
603-095-3140 Required Prevention and Control Measures (1) Landowners must comply with OAR 603-095-3140(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: (a) Effective August 1, 2008, management activities will allow the establishment, maintenance, or improvement of streamside vegetation for summer shade and streambank stability, based on site capability. (b) Part (a) does not apply to flood control practices that have been historically used in the Management Area. These practices include, but are not limited to, the maintenance of flood-control channels, dikes and catch basins. (c) Part (a) does not apply to irrigation water conveyance systems, including but not limited to irrigation canals, ditches, and laterals. (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 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 73-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 22-2003, f. & cert. ef. 7-8-03
603-095-3160 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 603-095-3160(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 603-095-3160(4), "person" does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-3160(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 22-2003, f. & cert. ef. 7-8-03
603-095-3200 Purpose – Burnt River (1) These rules have been developed to implement a water quality management area plan for the Burnt River Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933. The area plan is known as the Burnt River Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Burnt 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 Burnt River Water Quality Management Area. (3) Failure to comply with any provisions of the Burnt River Agricultural Water Quality Management Area Plan: (a) Does not constitute a violation of OAR 603-095-0000 to 603-090-0120, or of 603-095-0010 to 603-095-3260; (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 Burnt 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 603-095-3200 to 603-095-3260. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 75-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 28-2003, f. & cert. ef. 8-4-03
603-095-3220 Geographic and Programmatic Scope (1) The Burnt River Agricultural Water Quality Management Area includes all the drainage area of the Burnt River, from the headwaters to the confluence with the Snake River. The physical boundaries of the Management Area are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries: (a) All lands within the Burnt 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 are subject to OAR 603-095-0010 to 603-095-0040 and 603-095-3200 to 603-095-3260, except those lands excluded under paragraph (b) of this section. (b) Lands excluded from OAR 603-095-3220(2)(a) are: (A) Public lands managed by federal agencies; (B) Tribal Trust Lands; and (C) The property owned by Daryl and Barbara Hawes located at 20588 Hwy. 245 (T12S R37E: parts of sections 14, 23, 24 and 25. County tax lot number 2300). (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 Burnt 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 28-2003, f. & cert. ef. 8-4-03
603-095-3240 Required Prevention and Control Measures (1) A landowner shall be responsible for only those conditions caused by activities conducted on land owned or managed by the landowner. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances, which could not have been reasonably anticipated. (2) Pollution Control and Waste Management. Effective on rule adoption: No person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. (3) Streamside Conditions. (a) By January 1, 2006, activities will allow the establishment and development of riparian vegetation, consistent with site capability. Site capability will be determined by ODA in consultation with local resource management agencies. (b) Landowners are not responsible for browsing and grazing by wildlife. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 76-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 28-2003, f. & cert. ef. 8-4-03
603-095-3260 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 there under 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 there under may file a complaint with the department. (4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-3260(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 there under. (5) As used in section OAR 603-095-3260(4), "person" does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-3260, 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 28-2003, f. & cert. ef. 8-4-03
603-095-3300 Purpose – Greater Harney Basin (1) These rules have been developed to implement a water quality management area plan for the Greater Harney Basin 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 Greater Harney Basin Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Greater Harney Basin 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 Greater Harney Basin 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 77-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 35-2003, f. & cert. ef. 9-24-03
603-095-3320 Geographic and Programmatic Scope (1) The Greater Harney Basin Agricultural Water Quality Management Area consists of the Malheur Lake Basin, as defined by the State of Oregon, with the exclusion of the Thousand Virgin Subbasin. 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 Greater Harney Basin 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 lands that are held in Tribal Trust. (3) 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 Greater Harney Basin Agricultural Water Quality Management Area. (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. [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 35-2003, f. & cert. ef. 9-24-03
603-095-3340 Required Prevention and Control Measures (1) Landowners must comply with OAR 603-095-3340(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) Desired Streamside Riparian Condition: (a) Effective January 1, 2006, consistent with site capability, persons shall allow regeneration and growth of riparian vegetation along natural waterways to provide for: (A) Bank stabilization; (B) Filtration of sediments and nutrients; (C) The sustainability of riparian community integrity through spring runoff and larger storm events; and (D) Shade and aquatic habitat. (b) Part (a) allows water gaps, livestock watering, and hardened livestock crossings in streams that otherwise have desired streamside riparian conditions. (c) Part (a) does not apply to natural waterways, such as sloughs and backwater areas, that only hold water for short periods of time during spring runoff. (d) Technical criteria to determine compliance: (A) Management activities maintain or improve streambank integrity, with a goal of withstanding a 25-year storm event; and (B) Ongoing renewal and growth of riparian vegetation demonstrates sustainability and vigor. (e) Compliance will be determined through objective methods using commonly accepted monitoring protocols. (f) Definitions that apply specifically to OAR 603-095-3340(2): (A) Riparian means a wetland transition zone that connects riverine aquatic habitats to upland areas. (B) Natural waterways are streams or rivers that were created through natural processes. They may be altered by human activities, but not created as a result of human activities. Irrigation ditches that contain water diverted from the main channel are not natural waterways. (C) Riparian Community Integrity is the sustainability of a healthy and vigorous riparian community over time. (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 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 78-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 35-2003, f. & cert. ef. 9-24-03
603-095-3360 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 603-095-3360(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 603-095-3360(4), "person" does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-3360, 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 35-2003, f. & cert. ef. 9-24-03