justicedao/ipfs_state_laws huggingface dataset:
141-086-0010 Request for Approval (1) When a local government has developed a proposed wetland conservation plan pursuant to ORS 196.678, it may request the Director to review and approve the plan. Approval requests shall be sent to the Director of the Division of State Lands. (2) The approval request shall include: (a) A letter or resolution from the governing body of the local government requesting review by the Division; (b) Six copies of the wetland conservation plan, containing all information required by ORS 196.678(2), and including implementing ordinances or land use regulations, inventories and other factual information used in developing the plan. All maps of regulated wetlands shall be at a scale of 1" = 200' or larger; (c) A list of all documents used in developing the wetland conservation plan that are not included with each plan copy due to excessive volume or size. This list shall include minutes and any "record of proceedings." The list shall briefly describe the contents of the items not included and identify where those items may be examined. The local government shall make such supporting documents available at hearings before the Director held pursuant to OAR 141-086-0025; (d) The name and address of the person authorized to receive any and all correspondence from the Division; and (e) A list of the names and addresses of all agencies, districts, and public or private citizen groups affected by or interested in the proposed wetland conservation plan. (3) Upon receipt of an approval request, the Division shall review the request to determine that it contains the documents and information required by section (2) of this rule: (a) If the request is complete, the Division shall commence review of the approval request pursuant to OAR 141-086-0025, prepare a proposed order pursuant to ORS 196.681(1)(b) and OAR 141-086-0012, and provide public notice of the opportunity for comment pursuant to 141-086-0015; (b) If the approval request is incomplete, the Division shall, within 14 days of receiving the request, notify the local government in writing of the specific requirements of section (2) of this rule that have not been met. The local government has 20 days from the receipt of such notice in which to provide the Division with this required information. If the local government fails to meet this deadline, the approval request will be considered to be withdrawn unless a request for extension has been granted by the Division prior to the deadline. Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: DSL 2-2001, f. & cert. ef. 2-26-01 LB 4-1990, f. & cert. ef. 11-7-90
141-086-0012 Proposed Order When the Director receives an approval request for a proposed wetland conservation plan as defined by ORS 196.687, the Director shall conduct an evaluation of the submitted plan and determine if the plan complies with the requirements of ORS 196.681 to 196.684 and OAR 141-120-0000 through 141-120-0230. The Director shall then prepare a proposed written order pursuant to ORS 196.681(1)(b). Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.668 - 196.692 History: LB 6-1994, f. & cert. ef. 10-20-94 LB 4-1990, f. & cert. ef. 11-7-90
141-086-0015 Notice of Opportunity for Comment (1) The Division shall, in writing, provide notice of the opportunity for public comment on the proposed order, as required by ORS 196.681(1)(c). Such notice shall include the following: (a) A map showing the area affected; (b) A description of the city or county which would implement the plan; (c) The location where the order may be inspected by the general public if a copy of the order has not been included with the notice; (d) The location where additional information concerning the plan may be inspected; and (e) The date by which public comments submitted to the Division must be received. (2) Such notice shall be posted at the Division's office at 775 Summer Street in Salem and shall specifically be sent to the following: (a) City or county planning office which submitted the approval request; (b) Department of Agriculture; (c) Department of Environmental Quality; (d) Department of Fish and Wildlife; (e) Department of Geology and Mineral Industries; (f) Department of Land Conservation and Development; (g) Economic Development Department; (h) State Parks and Recreation Department; (i) Water Resources Department; (j) Oregon State Marine Board; (k) Historic Preservation Office, Parks and Recreation Department; (l) Affected neighborhood association(s); (m) Corps of Engineers; (n) Environmental Protection Agency; (o) Federal Emergency Management Agency; (p) National Marine Fisheries Service; (q) U.S. Fish and Wildlife Service; and (r) Any other agencies, associations or individuals who request notice. (3) The Division shall also publish notice in a local paper of general circulation. Such notice shall contain a description of the area affected by the proposed plan and a statement that this area is being considered for a wetland conservation plan. Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: DSL 2-2001, f. & cert. ef. 2-26-01 LB 4-1990, f. & cert. ef. 11-7-90
141-086-0020 Comments (1) After notice has been provided pursuant to OAR 141-086-0015, there shall be a 30-day period for all interested persons to submit written comments to the Division or to request a public informational hearing. Such request for a hearing must be in writing and must state reasonable grounds for holding the hearing. (2) The Director shall consider those comments and requests for hearing which are received by the Division within 30 days from the date notice is posted. At the Director's discretion, the Director may consider comments which are received after the 30-day comment period has expired. Also, if the Director holds a public informational hearing concerning the proposed order, the time allowed for public comment shall be extended up to and including the date upon which the hearing is held. Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: DSL 2-2001, f. & cert. ef. 2-26-01 LB 4-1990, f. & cert. ef. 11-7-90
141-086-0021 Notice of Hearing (1) At the Director's discretion, a public informational hearing may be held before issuing a final order on the approval request. (2) If the Director decides to hold a public informational hearing, written notice of such hearing shall be given, as required by ORS 196.681(1)(c). Such notice shall be provided at least ten days before a hearing is held. Notice of hearing may be included with the notice of opportunity for public comment described in OAR 141-086-0015 or it may be provided separately after public comments have been received by the Division. Notice shall include the following: (a) A map showing the area affected; (b) A description of the city or county which would implement the plan; (c) The location where additional information concerning the plan can be inspected by the general public; and (d) The date, time and location of the hearing. (3) Such notice shall be posted at the Division's office at 775 Summer Street in Salem and shall be specifically sent to the parties listed in OAR 141-086-0015(2) and to any additional parties who provided public comment as described in that same rule. (4) The Division shall also publish notice of the hearing in a local paper of general circulation. Such notice shall contain a description of the area affected by the proposed plan and a statement that this area is being considered for a wetland conservation plan. Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: DSL 2-2001, f. & cert. ef. 2-26-01 LB 4-1990, f. & cert. ef. 11-7-90
141-086-0022 Hearing (1) If a public informational hearing is held, the hearings officer shall state the purpose of the hearing prior to submission of comments by members of the general public. The hearings officer shall take appropriate procedural steps to accomplish the purpose of the hearing. (2) Interested persons may submit written or oral comments concerning the proposed order. Also, the hearings officer may request that specific persons submit written or oral comments concerning the proposed order. (3) This public informational hearing is neither a contested case hearing nor a rulemaking hearing as defined in ORS Chapter 183. Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: LB 4-1990, f. & cert. ef. 11-7-90
141-086-0025 Final Agency Decision (1) Before making a final decision on the approval request, the Director shall review the entire proposed plan, as well as comments submitted in accordance with OAR 141-086-0020 and presented at hearing pursuant to 141-086-0021. In reviewing the plan, the Director may also rely upon information that is not presented in the proposed plan or in submitted comments. The Director may review and develop additional information and may rely upon the Director’s own knowledge. (2) The results of this evaluation shall be set forth in a written order pursuant to ORS 196.681(6). Copies of the Director’s order shall be sent to all parties listed in OAR 141-086-0015, all persons who submitted comments in accordance with 141-086-0020, and all other persons who have requested a copy of the order orally or in writing. Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: LB 4-1990, f. & cert. ef. 11-7-90
141-086-0030 Review of Wetland Conservation Plans As described in ORS 196.684(9), an order by the Director regarding approval, amendment or review of a wetland conservation plan shall be reviewable by the Land Use Board of Appeals as a land use decision of a state agency. Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: LB 4-1990, f. & cert. ef. 11-7-90
141-086-0035 Annual Report If a wetland conservation plan is approved by the Division, the local government enacting the plan shall annually prepare a written report which addresses the current status of the plan. Such annual report shall be sent to the Director of the Division of State Lands. The first annual report must be received by the Division one year from the Division's issuance of the final order on the wetland conservation plan, as described in ORS 196.681(6). Each subsequent annual report shall be received by the Division during that same month every year thereafter. Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: DSL 2-2001, f. & cert. ef. 2-26-01 LB 4-1990, f. & cert. ef. 11-7-90
141-086-0040 Amending a Wetland Conservation Plan (1) When a local government has developed proposed amendments to a land use plan or ordinance, and such amendments will affect lands subject to a wetland conservation plan, the local government shall notify the Division pursuant to ORS 196.684. Notice shall be sent to the Director of the Division of State Lands. (2) Such notice shall include: (a) A letter or resolution from the governing body of the local government requesting review by the Division; (b) Six copies of the proposed amendments to the land use plan, including implementing ordinances, related maps and other factual information used in developing the amended plan; and (c) The information described in OAR 141-086-0010(2)(c) through (e). (3) The Division shall review the notice for completeness as described in OAR 141-086-0010(3). Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: DSL 2-2001, f. & cert. ef. 2-26-01 LB 4-1990, f. & cert. ef. 11-7-90
141-086-0045 Notice of Opportunity for Comment on Amendments The Division shall, in writing, provide notice of the opportunity for public comment on proposed amendments to a wetland conservation plan, as required by ORS 196.684(3). Such notice shall be as described in OAR 141-086-0015 and comments must be submitted as described in 141-086-0020. Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: LB 4-1990, f. & cert. ef. 11-7-90
141-086-0050 Hearing on Amendments At the Director’s discretion, a public informational hearing may be held before taking final action on proposed amendments to a wetland conservation plan. Notice of such hearing, required by ORS 196.684(3), shall be given as described in OAR 141-086-0021. Such hearing shall be held as described in 141-086-0022. Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: LB 4-1990, f. & cert. ef. 11-7-90
141-086-0055 Final Agency Decisions on Amendments (1) The Director shall evaluate proposed amendments to a land use plan and issue an order in the manner described in OAR 141-086-0025. (2) In issuing an order, the Director shall also follow the procedure described in ORS 196.684(4) and (5). Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: LB 4-1990, f. & cert. ef. 11-7-90
141-086-0060 Periodic Agency Review of Wetland Conservation Plans (1) The Division shall review each approved wetland conservation plan every five years, as required by ORS 196.684(6). (2) The Director shall, in writing, provide notice of the opportunity for public comment on the plan, as required by ORS 196.684(7). Such notice shall be given as described in OAR 141-086-0015. (3) At the discretion of the Director, a public informational hearing concerning the plan may be held. Such notice, as required by ORS 196.684(7), shall be given as described in OAR 141-086-0021. Such hearing shall be held as described in 141-086-0022. (4) Public comments concerning the plan should address the criteria set forth in ORS 196.684(7). Statutory/Other Authority: ORS 183 & 196 Statutes/Other Implemented: ORS 196.668 - 196.692 History: LB 4-1990, f. & cert. ef. 11-7-90
141-086-0100 Duty to Notify of Proposed Activities Within Wetlands (1) The city or county shall notify the Division of applications proposed within wetlands, as required by ORS 215.418 and 227.350, by delivering a completed "Wetland Land Use Notification Form" for each proposed application to the Division of State Lands. (2) The Division's response to a submitted notification form, under ORS 215.418(3) and 227.350(3), shall be sent by the Division to the reporting city or county, the landowner, and the applicant of the proposed activity. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 196.800 - 196.990, 215 & 227 Statutes/Other Implemented: ORS 196.668 - 196.692 History: DSL 2-2001, f. & cert. ef. 2-26-01 LB 10-1991, f. & cert. ef. 11-15-91
141-086-0180 Purpose Pursuant to ORS 196.674 pertaining to the Statewide Wetlands Inventory (SWI), these rules establish a system for uniform wetland identification and comprehensive mapping. These rules also establish wetlands inventory standards for cities or counties developing a wetland conservation plan (WCP) pursuant to 196.678. A Local Wetlands Inventory (LWI) is developed for all or a portion of a city or county according to the standards and guidelines contained in these rules (OAR 141-086-0180 through 141-086-0240). Statutory/Other Authority: ORS 196.674 - 196.681 & 196.692 Statutes/Other Implemented: ORS 196.668 - 196.692 History: 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
141-086-0185 Applicability (1) Once approved by the Department of State Lands (Department), the LWI must be used in place of the National Wetlands Inventory (NWI) and is incorporated into the SWI. (2) The approved LWI must be used by cities and counties in lieu of the NWI for notifying the Department of land use applications affecting mapped wetlands and other waters (ORS 215.418 and 227.350). (3) An LWI fulfills the wetlands inventory requirements for Goal 5 and Goal 17 (OAR 660-015 and 660-023). An LWI that meets the additional WCP requirements specified in these rules must be used as the wetlands inventory basis for a WCP. (4) A wetland function and condition assessment of mapped wetlands must be conducted as part of the LWI using the Oregon Freshwater Wetland Assessment Methodology (OFWAM) published by the Department in 1996. An equivalent functional assessment methodology may be used or adjustments may be made to OFWAM upon written approval by the Director. The assessment results are used to determine the relative quality (functions, values, and condition) of the mapped wetlands and to designate significant wetlands (OAR 141-086-0300 through 141-086-0350) as required for Goal 5, or to assess wetland functions and values for a WCP. (5) An LWI is used by the Department, other agencies and the public to help determine if wetlands or other waters are present on particular land parcels. (6) An LWI provides information for planning purposes on the location of potentially regulated wetlands and other waters such as lakes and streams, but is not of sufficient detail for permitting purposes under the state Removal-Fill Law (ORS 196.800 through 196.990). Smaller wetlands may not be mapped, and wetlands may be missed due to lack of onsite access, tree canopy cover and other constraints. A wetland delineation or determination report may be needed for parcels without LWI-mapped wetlands. A Department-approved wetland delineation report for wetlands identified in an LWI is usually needed prior to site development. (7) All wetlands inventory procedures and products are subject to review and approval by the Department before the products: (a) Are incorporated into the SWI; (b) Can be used in lieu of the NWI for Wetland Land Use Notification purposes; or (c) Can be used by a city or county for Goal 5, Goal 17 or WCP purposes. [Publications: Publications referenced are available from the agency.] 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, Renumbered from 141-086-0190(1) & (4) LB 11-1991, f. & cert. ef. 11-15-91
141-086-0222 Paper Map Standards (1) Maps that meet the requirements in OAR 141-086-0222(2) through (5) must be developed and submitted to the Department for approval. A minimum of two sets of the final Department-approved LWI maps in both paper and electronic format (.pdf file) must be prepared; one set must be provided to the Department for inclusion in the SWI and the other must be provided to the local government. (2) If the study area is covered by more than one wetland map, a single, smaller scale reference map of the complete study area is required. The reference map shall be indexed to the individual, large-scale maps and show, at a minimum, the Public Land Survey System grid, the location and code of all identified wetlands, streams, the study area boundary, and major, named streets. (3) Wetland maps must include: (a) Map name; (b) Scale bar; (c) Geographic reference to the Public Land Survey System; (d) Roads, with major roads named, and railroads; (e) Streams and stream names; (f) Artificially created wetlands and other waters labeled with their purpose (e.g. storm water pond); (g) Tax lot lines; (h) Watershed boundaries at the 6th field Hydrologic Unit Code scale as defined by the US Geological Survey or finer; (i) Legend that explains all map symbols, line work, and patterns; (j) Map date (month and year final map prepared); (k) All wetlands, clearly and accurately drawn and clearly identified by a unique wetland code that relates each wetland to field data forms, tables, databases, wetland summary sheets, and OFWAM summary forms; (l) Cowardin classification(s) of each wetland per 141-086-0210(15a & 16); (m) Disclaimer that reads: "Information shown on this map is for planning purposes, represents the conditions that exist at the map date, and is subject to change. The location and extent of wetlands and other waters is approximate. There may be unmapped wetlands and other waters present that are subject to regulation. A current Oregon Department of State Lands-approved wetland delineation is required for state removal-fill permits. You are advised to contact the Department of State Lands and the U.S. Army Corps of Engineers with any regulatory questions." (n) Numbered sample plots; and (o) Study area boundary as defined by the local government. (4) Minimum map scale must be 1 inch = 200 feet (1:2,400). 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
141-086-0225 Digital Data Standards (1) A minimum of two sets of the final Department-approved LWI geospatial datasets must be prepared; one set must be provided to the Department for inclusion in the SWI and the other must be provided to the local government. (2) A georeferenced ArcGIS compatible dataset with attribute tables and metadata must be developed for each of the following: (a) Wetland polygons with a unique wetland identification label, Cowardin classification code(s) and modifiers, HGM classification, approximate wetland size, Locally Significant Wetland significance determination (if made), whether it was visually confirmed, and the Department's wetland delineation report file number, if any. (b) Probable wetland points with PW label; (c) Streams with unique identification labels and, where available, names; (d) Other natural bodies of water with names; (e) Artificially created wetlands and water features (such as irrigation canals and ditches, industrial ponds, log ponds, golf course features, and storm water detention ponds) uniquely identified and purpose of artificially-created feature, if known; (f) Watershed boundaries (6th order Hydrologic Unit Code scale or finer); (g) Study area boundary; (h) Tax lot lines and numbers; (i) Sample plot dataset with unique identification labels that correspond to the field data form; and (j) Major streets with name labels. (3) All georeferenced data sets must be projected using the Oregon Geographic Information Council-endorsed state standard: Oregon Lambert conformal conic (Datum: NAD 83; Units: International feet: 3.28084; Spheroid: GRS1980). (4) Metadata must be completed for each layer, conform to the current Oregon Geographic Information Council Metadata Standard, and must include a disclaimer as described in OAR 141-086-0222(3m). Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 196.668 - 196.686 & 196.692 History: DSL 11-2008, f. 12-12-08, cert. ef. 1-1-09 DSL 2-2001, f. & cert. ef. 2-26-01
141-086-0228 Review and Approval Process (1) A draft of all the LWI products required in OAR 141-086-0210 through -0225 of these rules must be provided to the Department (if the inventory was not developed by the Department) and the local government(s) for review. (2) The local government must provide opportunity for public review of and comment on the draft LWI products. (3) Public and local government comments on draft LWI products must be provided to the Department. The Department will request in writing from the party responsible for preparing the LWI any revisions or additions required in order for the LWI to be approved. (4) The Department will review final products to ensure that all changes requested by the Department have been adequately addressed. (5) If the final LWI products meet the requirements in these rules, the Department will send a letter of approval to the local government. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 196.668 - 196.686 & 196.692 History: DSL 11-2008, f. 12-12-08, cert. ef. 1-1-09 DSL 2-2001, f. & cert. ef. 2-26-01