justicedao/ipfs_state_laws huggingface dataset:
141-086-0240 Landowner Notification (1) When the LWI is approved by the Department, the local jurisdiction must notify by mail within one hundred twenty (120) calendar days all landowners of record whose parcel contains or abuts a mapped wetland or probable wetland. (2) The local jurisdiction must provide one copy of the landowner notification letter to the Department. Statutory/Other Authority: ORS 196.674 - 196.681 & 196.692 Statutes/Other Implemented: ORS 196.668 - 196.692 History: DSL 11-2008, f. 12-12-08, cert. ef. 1-1-09 DSL 2-2001, f. & cert. ef. 2-26-01 LB 9-1994, f. & cert. ef. 12-15-94 LB 11-1991, f. & cert. ef. 11-15-91
141-086-0300 Purpose ORS 197.279(3) directs the Division of State Lands to establish these criteria and procedures for the identification of significant wetlands under Statewide Planning Goal 5. Local governments will use these technical standards to complete their planning responsibilities for wetlands, which are established by the Land Conservation and Development Commission (OAR 660-023-0100). Statutory/Other Authority: ORS 273.360 Statutes/Other Implemented: ORS 197.299 History: LB 7-1996, f. 12-13-96, cert. ef. 1-1-97
141-086-0310 Policy To protect the state’s wetland resources, the functions and services they provide, and all interests, it is important that clear and consistent criteria be used to identify significant wetlands for planning purposes. Statutory/Other Authority: ORS 273.360 Statutes/Other Implemented: ORS 197.299 History: LB 7-1996, f. 12-13-96, cert. ef. 1-1-97
141-086-0320 Uses and Applicability (1) These rules provide standard criteria for local governments to use to meet their obligations for freshwater wetland planning as set forth by the Land Conservation and Development Commission (LCDC) in Goal 5. These rules do not address planning requirements for estuarine wetlands, which are covered under Statewide Planning Goal 16. (2) Local governments shall apply the criteria for identifying locally significant wetlands (LSW). As specified in LCDC’s Goal 5 rules (OAR 660-023-0100), the use of these criteria is required within urban growth boundaries (UGBs) and urban unincorporated communities (UUCs). The Goal 5 rules also authorize an option for counties to conduct detailed wetland planning in areas outside of UGBs and UUCs. Should a county choose to do so, the same rules and procedures as for UGBs and UUCs shall apply, including these criteria for significant wetlands. (3) As provided by LCDC’s Goal 5 rules (OAR 660, division 23), local government planning and zoning responsibilities include the determination, designation, and protection of significant wetlands. A community that has identified significant wetlands prior to this rule should proceed under the provisions of OAR 660-023-0250. Statutory/Other Authority: ORS 273.360 Statutes/Other Implemented: ORS 197.299 History: LB 7-1996, f. 12-13-96, cert. ef. 1-1-97
141-086-0330 Definitions (1) “Director” means the Director of the Division of State Lands or the Director’s designee. (2) “Division” means the Division of State Lands. (3) “Indigenous Anadromous Salmonids” are chum, sockeye, Chinook and Coho salmon, and steelhead and cutthroat trout, that are members of the family Salmonidae and are listed as sensitive, threatened or endangered by a state or federal authority. (4) “Inhabited by” means that a plant or animal species uses the site for rearing, feeding, or breeding or as a migration or dispersal corridor. This does not include incidental use of the site by an animal species. (5) “Locally Significant Wetlands” or “LSW” are those wetland sites that provide functions or exhibit characteristics that are pertinent to community planning decisions made at a local scale, for example within a UGB. These wetland sites shall be identified by local governments according to the criteria and procedures in sections 141-086-0340 and 141-086-0350. (6) “Native Plant Community” is used here to indicate a recognized assemblage of plant species indigenous to Oregon. All such wetland plant communities are listed in the most recent version of Classification and Catalog of Native Wetland Plant Communities in Oregon (Oregon Natural Heritage Program). (7) “Rare Plant Community” is defined as relictual, uncommon or unique in Oregon, determined by number of occurrences and threats following national heritage program criteria (i.e., rarity ranking of G1-G3 or S1-S3). The most concise listing of wetland plant communities in Oregon that meet this standard for rarity is found in Appendix G of the Oregon Freshwater Wetland Assessment Methodology (Oregon Division of State Lands, 1996). The rarity rank of all wetland plant communities is also listed in the most recent version of Classification and Catalog of Native Wetland Plant Communities in Oregon (Oregon Natural Heritage Program). (8) “Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Statutory/Other Authority: ORS 273.360 Statutes/Other Implemented: ORS 197.299 History: LB 7-1996, f. 12-13-96, cert. ef. 1-1-97
141-086-0340 Procedures for Identifying Locally Significant Wetlands (1) LSW criteria are applied by the local government. (2) The following base information is required prior to applying the LSW criteria: (a) An approved Local Wetlands Inventory (OAR 141-086-0110 through 141-086-0240) covering the plan area; and (b) A function and quality assessment of all inventoried wetlands using the Oregon Freshwater Wetland Assessment Methodology (OFWAM; Oregon Division of State Lands, 1996). Functional assessment descriptors from OFWAM appear in quotation marks in section 146-086-0350 of these rules. An equivalent functional assessment methodology may be used, or adjustments may be made, upon written approval by the Director. If a different assessment methodology is approved, then equivalent terminology will be set out in the Division’s letter of approval. Statutory/Other Authority: ORS 273.360 Statutes/Other Implemented: ORS 197.299 History: LB 7-1996, f. 12-13-96, cert. ef. 1-1-97
141-086-0360 Purpose Pursuant to ORS 197.279, 196.672 and 196.674, these rules establish procedures and criteria for identifying wetlands of statewide significance, called “outstanding state wetlands.” These rules complement the rules for identifying locally significant wetlands (OAR 141-086-0300 through 141-086-0350). Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 197.279(3), 196.672 & 196.674 History: LB 4-1997, f. 4-15-97, cert. ef. 5-1-97
141-086-0370 Definitions (1) “Classification” means the designation of wetlands into hydrogeomorphic classes and subclasses. For example, “riverine” would be one class of wetlands. (2) “Director” means the Director of the Division of State Lands or the Director’s designee. (3) “Division” means the Division of State Lands. (4) “Functional Assessment” means the process by which the capacity of a wetland to perform a certain function or group of functions is measured. Such functions would include but are not limited to: surface water storage, sediment removal, and maintenance of characteristic plant communities. (5) The “Hydrogeomorphic Method” or “HGM” is a scientific method of wetland classification and functional assessment based on a wetland’s location in the landscape and the sources and duration of water flow. The HGM approach identifies the wetland classes present in each region, defines the functions that each class of wetlands performs, and establishes reference sites to define the range of functioning of each wetland class. (6) “Outstanding State Wetlands” or “OSWs” are reference standard wetlands identified within each Oregon region. (7) “Reference Standard Wetlands” are one component of an HGM and, for the purposes of these rules, are those sites that best exhibit the highest sustainable level of functional capacity for the functions performed by the regional wetland class or subclass. (8) “Region” means an ecosystem-based geographical subdivision of the state, such as the Level III and IV Ecoregions of Oregon (e.g., the Willamette Valley) mapped by the U. S. Environmental Protection Agency. (9) “Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 197.279(3), 196.672 & 196.674 History: LB 4-1997, f. 4-15-97, cert. ef. 5-1-97
141-086-0380 Applicability (1) These rules set forth the criteria and procedures by which the Division will identify outstanding state wetlands and provide the information to local governments. Due to the state’s interest in OSWs and the expertise required for their identification, the Division is responsible for applying these rules. (2) The Land Conservation and Development Commission will determine any local land use planning responsibilities regarding OSWs identified by the Division. (3) OSWs identified according to these rules become part of the Statewide Wetlands Inventory. Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 197.279(3), 196.672 & 196.674 History: LB 4-1997, f. 4-15-97, cert. ef. 5-1-97
141-086-0390 Criteria and Procedures (1) A wetland shall be identified as an OSW if it is judged by the Division to be a reference standard wetland as defined in sections 141-086-0370(7). (2) The Division may convene one or more technical panel(s) of wetland scientists with expertise in wetland functions, wetland classification, and/or regional wetland types in Oregon. The technical panel(s) will assist the Division in developing the hydrogeomorphic classification and functional assessment method (HGM) for Oregon, identifying the regional wetland classes and subclasses, primary functions, and reference standard wetlands. The Oregon HGM will be developed in stages, region by region, as resources allow. The Oregon HGM will be developed in cooperation with the Army Corps of Engineers, Environmental Protection Agency, Natural Resources Conservation Service, state resource agencies, and others as appropriate, and will incorporate protocols developed by the U.S. Army Corps of Engineers Waterways Experiment Station (for example, Technical Report WRP-DE-9, R. D. Smith et al., 1995). (3) Prior to designating a reference standard wetland as an OSW, the Division shall: (a) Identify and map site boundaries; (b) Develop management recommendations to conserve and protect the documented wetland functions of the site; (c) Develop draft findings describing how the site has met the standards for an OSW; (d) Provide public notice on the draft findings to the local government, affected landowners and land managers and other interested parties, and provide a 45-day public comment period; (e) Hold at least one public meeting within the area of the proposed OSW(s) during the comment period; and (f) Finalize the findings and site boundaries after consideration of public comment. (4) The Division shall provide all maps, criteria findings and supporting information regarding an identified OSW to the appropriate local government(s) for their use in land use planning activities. Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 197.279(3), 196.672 & 196.674 History: LB 4-1997, f. 4-15-97, cert. ef. 5-1-97
141-087-0001 Purpose The purpose of these rules is to provide a uniform procedure for obtaining hydroelectric power leases and easements on lands managed by the State Land Board. Statutory/Other Authority: ORS 273 & 274 History: LB 2-1986, f. & ef. 2-19-86
141-087-0005 Definitions (1) “Board” — State Land Board. (2) “Division” — Division of State Lands. (3) “Lands within jurisdiction of the Board” — Lands which have been placed under the Board’s jurisdiction by the Constitution of Oregon or the Oregon state legislature. These lands include, but are not limited to, Common School Fund lands and submerged and submersible lands. (4) “Resource” — All values of the land including, but not limited to, timber, grazing, recreational, scenic and hydroelectric power generation. Statutory/Other Authority: ORS 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: LB 2-1986, f. & ef. 2-19-86
141-087-0010 Application of Rules These rules shall apply to all hydroelectric projects located on lands within the Board’s jurisdiction which have not received final approval for all state, local, and federal permits and licenses. The approval standards of these rules shall not apply at any time to projects which are in existence or have received all state, local and federal approval on or before December 31, 1985. However, a lease shall be issued and the fee requirements imposed on all such projects at the time of renewal of the project license or exemption by the Federal Energy Regulatory Commission (FERC), or within 50 years after the date of commencing power production, whichever occurs first. Statutory/Other Authority: ORS 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: LB 2-1986, f. & ef. 2-19-86
141-087-0015 Division Application Review The Division shall review the following applications to determine if the proposed hydroelectric project is to be constructed on lands within the jurisdiction of the Board: (1) Applications with the Federal Energy Regulatory Commission (FERC) for a preliminary permit or license to operate a hydroelectric project or for an exemption from the FERC licensing process. (2) Applications for a right to appropriate water for hydroelectric power under ORS Chapter 537. (3) Applications for a preliminary permit or a hydroelectric license under ORS Chapter 543. (4) Applications for local land use approval for a proposed hydroelectric project. (5) Applications for a site certificate from the Energy Facility Siting Council (EFSC) under ORS Chapter 469. Statutory/Other Authority: ORS 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: LB 2-1986, f. & ef. 2-19-86
141-087-0030 Division Review of Application for Lease (1) The Division shall conduct its review of a lease application after receiving all of the following information: (a) A copy of a water appropriations permit issued by the Water Resources Commission under ORS Chapter 537 or proposed findings on the permit approved by the Director of the Water Resources Department on all issues relevant to the Land Board’s determination; (b) If the applicant does not qualify for a municipal exemption under ORS 543.150, a copy of the hydroelectric permit issued by the Water Resources Commission under ORS Chapter 543 or proposed findings on the permit approved by the Director on all issues relevant to the Land Board determination; (c) If the proposed project exceeds 25 megawatts, a copy of a site certificate from the Energy Facility Siting Council or proposed findings of the Council on the site certificate on all issues relevant to the Land Board’s determination; (d) A copy of the application for a hydroelectric license or exemption from FERC or, if issued, a copy of the license or exemption; (e) Filings of the Oregon Department of Fish and Wildlife submitted in administrative proceedings before FERC, EFSC, or the Water Resources Commission; (f) If the project is subject to any local permit requirements, a copy of the permit; (g) A copy of the Department of Environmental Quality’s order on certification of a project under section 401 of the Federal Water Pollution Control Act, Public Law 92-500, as amended, proposed findings submitted as a party to EFSC or WRC review or proposed findings approved by the Environmental Quality Commission on issues relevant to the Land Board determination; (h) Any other information related to the Board criteria for approval necessary for the Division to conduct its review of the proposed project. (2) The Board, in its discretion, may take action on a lease application prior to receiving all of the above information, if it determines it is in the public interest to do so. (3) If the Board approves a lease prior to the applicant obtaining all appropriate state, local and federal approvals or permits, the Board shall condition the lease upon obtaining all such approvals. Statutory/Other Authority: ORS 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: LB 2-1986, f. & ef. 2-19-86
141-087-0050 Fees for Hydroelectric Projects on State-Owned Submerged and Submersible Lands (1) There shall be a fee for leases or easements granted by the State Land Board pursuant to OAR 141-087-0001 through 141-087-0040. The fee shall be determined with the object of obtaining the greatest benefit for the people of the State of Oregon consistent with the conservation of the resource under the sound techniques of land management. (2) The fee shall be established as follows: (a) When an application for a lease or easement is submitted, the director shall first attempt to negotiate a fee with the applicant; (b) If the director and applicant are unable to negotiate a fee, the base fee shall be six percent of the per acre value of the adjacent upland for use as a hydroelectric facility or other rural industrial use. The base fee shall be adjusted annually to reflect the amount of increase or decrease of the U.S. Department of Labor, Bureau of Labor Statistics, All Urban Consumers Price Index for Portland (Base: 1967-100); (c) The per-acre value of the adjacent upland shall be established as follows: (A) The director shall obtain an appraisal at the Division’s expense; (B) If the applicant rejects the director’s appraisal, the applicant and director shall agree upon a second, independent appraiser, whose appraisal shall be used to calculate the fee. The cost of the appraisal shall be shared equally by the division and the applicant. (3) When the application is complete the director shall submit the application to the State Land Board for review. (a) For new projects the State Land Board may approve or deny an application pursuant to OAR 141-087-0040, but if the application is approved, the fee shall be the amount determined under section (2) of this rule; (b) For existing projects that are exempt from the approval standards of these rules pursuant to OAR 141-087-0010, the fee shall be the amount determined under section (2) of this rule, and shall be retroactive to the date of application. Statutory/Other Authority: ORS 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: LB 6-1986, f. & ef. 5-20-86
141-088-0000 Purpose and Applicability These rules: (1) Govern the establishment of restrictions on the public recreational use of state-owned Trust and Non-Trust Land managed by the Department of State Lands (Department). (2) Are in addition to those contained in OAR 141- 082 (Rules Governing the Management of, and Issuing of Leases, Licenses, Temporary Use Permits and Registrations for Structures on, and Uses of State-Owned Submerged and Submersible Land) which govern the imposition of restrictions on the use of, and closures of state-owned submerged and submersible land for activities subject to authorization by the Department. (3) Identify areas of state-owned land managed by the Department for which restrictions on public recreational use have been established by rule. (4) Do not govern the establishment of restrictions on, or closure to the public recreational use of state-owned land administered by the Department of State Lands within the South Slough National Estuarine Research Reserve. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 5-2009, f. & cert. ef. 6-23-09 DSL 2-2004, f. & cert. ef. 6-11-04 DSL 9-1998, f. & cert. ef. 10-15-98
141-088-0002 Definitions (1) “Asset Management Plan” is the plan adopted by the State Land Board that provides the policy direction and management principles to guide both the short and long-term management by the Department of the Common School Fund’s real estate assets. (2) “Department” means the Department of State Lands. (3) “Director” means the Director of the Department of State Lands or designee. (4) “Emergency” means a human created or natural event or circumstance that causes or threatens: (a) Human life, health or safety; (b) Loss of, or damage to property; (c) Loss of, or damage to natural, historical, cultural or archaeological resources; or (d) Damage to the environment. (5) “Firearm”, as defined in ORS 166.210(3), means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder. (6) “Limited Duration” means a public recreational use of state-owned land that does not exceed 30-calendar days in the same location. (7) “Non-Trust Land” is land owned or managed by the Department other than Trust Land. Examples of Non-Trust Land include state-owned Swamp Land, and state-owned submerged and submersible land (land below ordinary high water) under navigable and tidally influenced waterways. (8) “Person” includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies as well as any state or other governmental or political subdivision or agency, public corporation, public authority, or Indian Tribe. (9) “Public Recreational Use” or “Public Recreational Uses” are those recreational activities that a person may conduct on state-owned land managed by the Department without having to obtain a prior authorization from the Department as required by these or other administrative rules adopted by the State Land Board. Such uses include, but are not limited to, limited duration hunting, fishing, sightseeing, wildlife observation, hiking, boating, swimming, camping and picnicking. (10) “Removal” means a removal as defined in ORS 465.200. (11) “Remedial Action” means a remedial action as defined in ORS 465.200. (12) “State Land” or “State-Owned Land” is land owned or managed by the Department or its agents and includes Trust and Non-Trust Land. (13) “Submerged Land” means land lying below the line of ordinary low water of all title navigable and tidally influenced waters within the boundaries of the State of Oregon. (14) “Submersible Land” means land lying above the line of ordinary low water and below the line of ordinary high water of all title navigable and tidally influenced waters within the boundaries of the State of Oregon. (15) “Trust Land” or “Constitutional Land” is all land granted to the state for the use of schools upon its admission into the Union, or obtained by the state as the result of an exchange of Trust Land, or obtained in lieu of originally granted Trust Land, or purchased with trust funds, or obtained through foreclosure of loans using trust funds. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2015, f. 5-6-15, cert. ef. 6-1-15 DSL 5-2009, f. & cert. ef. 6-23-09