justicedao/ipfs_state_laws huggingface dataset:
603-082-0060 Action by the Director (1) The director may issue a proposed order approving, approving with conditions or denying a plat application. The director may grant or deny an application no later than the 90th day from after the date of publication of the notice referred to in OAR 603-082-0030(2). The 90 day time period may be extended for a reasonable period of time at the request of the applicant and approval of the department. (2) The proposed order shall include or be accompanied by the following: (a) A caption with the name of the department, the name of the claimant and a case number if used; (b) A statement describing the purpose and effect of the proposed order, and the factual and legal basis for it, including citation to the statutes and rules relied upon; (c) A statement of the claimant's right to challenge the proposed order by requesting a hearing, and that the request must meet the following requirements: (A) A request for hearing must identify the matter appealed by the claimant's name, the date of the proposed order and the department's case number, if any; (B) A request for a hearing must explain how the claimant considers the proposed order to be legally or factually incorrect. (C) To be timely, a request for a hearing must be received by the department by the close of business on the 30th day after the date of the proposed order. (d) A statement of additional rights and risks of the claimant, including at least the following: (A) A statement informing the claimant that if a request for hearing is not received by the department by the established date, the claimant will have waived the right to a hearing and the proposed order will be final. (B) A hearing in response to a request will be limited to the issues raised in the request; (C) The claimant has the right to be represented by an attorney, but if the claimant is an agency, a corporation or an unincorporated association, the claimant must be represented by an attorney. (e) How to get more information and the department staff member and address or facsimile number to which a request for hearing must be sent. (f) A hearing shall be conducted pursuant to ORS 183.415 et seq. (3) Upon final approval of a plat, a boundary survey shall be prepared and submitted to the department before a Grant Certificate is issued. A professional surveyor licensed in Oregon shall conduct the survey. (4) The boundary corners of existing and new plats shall be plainly and distinctly marked out by a means that does not obstruct navigation. Statutory/Other Authority: ORS 561.190 & 622.320 Statutes/Other Implemented: ORS 622.250 History: DOA 11-2003, f. & cert. ef. 2-27-03
603-082-0070 Transfer of Plats (1) Sales, leases, assignments, conveyances, relinquishments and other transfers of oyster plantations and claims, or parts thereof, or of plats for the cultivation of oysters, clams or mussels may be made by reference to the plat filed as provided in ORS 622.210 to 622.300 and 622.320. The heirs, successors, assignees and lessees of those plats are entitled to continued possession of such plats by compliance with ORS 622.210 to 622.300 and 622.320. (2) A person proposing to sell, lease, assign, convey, relinquish or otherwise transfer an oyster plantation claim or a plat for the cultivation of oysters, clams or mussels shall provide the department notice of such transaction within 30 days of the effective date of the transaction. (3) The filing of such a notice, if other than a relinquishment, shall be accompanied by a claim or plat certificate reissuance fee established in ORS 622.340(3) for each affected claim or plat. (4) The failure to provide the notice required by subsection (2) of this section shall result in the department holding the lessor of record of the claim or plat responsible for compliance with the provisions of ORS 622.210 to 622.360 and all provisions of the lease grant certificate. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 622.340 History: DOA 11-2003, f. & cert. ef. 2-27-03
603-082-0080 Annual Fees and Taxes (1) Persons using state lands for cultivating oysters, clams or mussels shall pay annual cultivation fees and use taxes quarterly to the department. Fees and taxes become delinquent 30 days after the end of the quarter. Use taxes shall be in the amount established by ORS 622.290(1). (2) Annual cultivation fees and use taxes shall be assessed in lieu of property taxes, lease fees or rental charges for the use of lands upon which oysters, clams or mussels are grown and harvested. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 622.290 History: DOA 11-2003, f. & cert. ef. 2-27-03
603-082-0100 Scheduling, Notice and Conduct of Hearings (1) The department shall provide notice of the hearing containing at least the following information: If the claimant or the claimant's representative fails to appear at the time and place specified for the hearing, the department's file or files on the matter automatically become part of the record as prima facie evidence in support of the Order, and the Hearing Officer will decide the case based on that record; (2) A hearing in response to a timely request shall be limited to the issues raised in the request. Evidence and argument shall not be taken on issues not raised in the claimant's request for appeal. Statutory/Other Authority: ORS 561.190 Statutes/Other Implemented: ORS 622.210 - 622.360 History: DOA 11-2003, f. & cert. ef. 2-27-03
603-090-0000 Preamble (1) ORS 568.900 to 568.933 authorizes the Oregon Department of Agriculture to develop and carry out an agricultural water quality management area plan for agricultural and rural lands where a water quality management plan is required by state or federal law. In executing this responsibility, the department develops, adopts, and periodically modifies programs to effectuate agricultural water quality management area plans in the applicable geographic areas. (2) These administrative rules establish policies, guidelines, and specific requirements for the development and content of agricultural water quality management area plans and rules, requirements of agricultural water quality management area plans and rules for applicable geographic areas, the process of landowner appeal of specific required actions, and enforcement procedures to be followed by the department. (3) Agricultural water quality management area plans are plans that comprehensively outline measures that will be taken to prevent and control water pollution from agricultural activities and soil erosion on agricultural and rural lands located in a management area which requires such a plan and for which boundaries have been established by the department. (4) Agricultural water quality management area rules are adopted by the department to implement an agricultural water quality management area plan. Area rules are the only enforceable aspect of an agricultural water quality management area plan. (5) It is the policy of the department that: (a) Cooperation between private and public entities be encouraged during the development and implementation of water quality management area plans; (b) To the full extent possible, pollution prevention activities be the focus of water quality management area plans; (c) Voluntary adoption of land management activities be encouraged through education and demonstration programs to achieve the goals and objectives of water quality management area plans; (d) Enforceable mechanisms be available to address water pollution problems where voluntary compliance is not achieved; (e) Enforcement action be pursued only when reasonable attempts at voluntary solutions have failed; and (f) Measures required of individual landowners under agricultural water quality management area rules provide as much flexibility as reasonably possible. Statutory/Other Authority: ORS 561 & 568.900 - 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 16-2006, f. & cert. ef. 9-15-06 AD 9-1994, f. & cert. ef. 7-26-94
603-090-0010 Definitions Unless other required by the context, as used in this Division: (1) "Agency of this state" has the meaning given in ORS 568.210(1) . (2) "Area Plan" or "Agricultural Water Quality Management Area Plan" means a plan for the prevention and control of water pollution from agricultural activities and soil erosion in a management area the boundaries of which have been designated under ORS 568.909. (3) “Area Rules” or “Agricultural Water Quality Management Area Rules” are administrative rules adopted by the state Department of Agriculture, in consultation with the state Board of Agriculture, for the implementation of the Area Plan adopted under ORS 568.909. (4) “Board" means the state Board of Agriculture. (5) "Department" means the state Department of Agriculture. (6) "Director" means the director of the state Department of Agriculture. (7) "Individual Water Quality Management Plan" means a plan for the prevention or control of water pollution for an individual landowner. (8) "Landowner" includes any landowner, land occupier or operator as defined in ORS 568.903. (9) "Local Management Agency" means any agency of this state, including but not limited to a soil and water conservation district, which has been designated by the department to undertake activities within a management area whose boundaries have been designated under ORS 568.909. (10) "Local Management Area Advisory Committee" means a committee established by the department under OAR 603-090-0020. (11) "Operator" has the meaning given in ORS 568.900(2). (12) "Pollution" or "water pollution" has the meaning given in ORS 468B.005. (13) "Water" or "the waters of the state" has the meaning given in ORS 468B.005. Statutory/Other Authority: ORS 561 & ORS 568.900 - 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 21-2022, amend filed 08/17/2022, effective 08/17/2022 DOA 16-2006, f. & cert. ef. 9-15-06 AD 9-1994, f. & cert. ef. 7-26-94
603-090-0020 Local Water Quality Management Area Advisory Committee (1) The department shall establish a local water quality management area advisory committee for each water quality management area established under these rules. The local water quality management area advisory committee shall represent a balance of affected persons. The local water quality management area advisory committee must provide an opportunity for a high level of citizen involvement in the development and implementation of the agricultural water quality management area plan and rules. The members of each local water quality management area advisory committee shall be appointed by the director in consultation with the board. The director and board shall consider the recommendations, if any, of the designated local management agency when making advisory committee appointments. (2) A local water quality management area advisory committee shall consist of not more than twelve members, unless otherwise determined by the director in consultation with the board. (3) A local water quality management area advisory committee shall be composed primarily of landowners in the affected local agricultural water quality management area. Membership may include, but is not limited to: (a) State Board of Agriculture representatives; (b) Persons serving on local soil and water conservation districts; (c) Private landowners; (d) Representatives of local, state and federal boards, commissions and agencies; (e) Members of Indian tribes; (f) Members of the public; (g) Persons associated with industry; (h) Members of academic, scientific and professional communities; (i) Public and special interest groups. (4) The local water quality management area advisory committee's responsibilities shall include but are not limited to: (a) Participation in the development and ongoing modifications of the agricultural water quality management area plan and rules; (b) Recommendation of strategies necessary to achieve water quality goals and objectives outlined in the agricultural water quality management area plan; (c) Biennial review of the progress of implementation of the agricultural water quality management area plan and rules, including enforcement actions taken, and requests for alternate measures that have been granted or denied; (d) Submittal of biennial, written reports to the Board and the director, including (A) A summary of meetings held, advisory committee members present, actions taken, and progress and impediments toward implementation of the agricultural water quality management area plan; and (B) Recommendations for modifications that may be necessary to achieve the purpose of the agricultural water quality management area plan as provided in OAR 603-090-0030. (5) The Local Advisory Committee may reconvene as frequently as necessary to carry out the duties described above in OAR 603-090-0020(4). Statutory/Other Authority: ORS 561 & 568.900 - 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 16-2006, f. & cert. ef. 9-15-06 AD 9-1994, f. & cert. ef. 7-26-94
603-090-0030 Requirements of Agricultural Water Quality Management Area Plan and Rules (1) Agricultural water quality management area plans must describe a program to achieve the water quality goals and standards necessary to protect designated beneficial uses related to water quality, as required by state and federal law. An area plan shall include but not be limited to a description of the geographical area and physical setting to which the area plan applies, a listing of water quality issues of concern, a listing of current designated beneficial uses that are being adversely affected, a statement that the goal of the area plan is to prevent and control water pollution from agricultural activities and soil erosion and to achieve applicable water quality standards, a statement of the water quality objectives of the area plan, a description of the pollution prevention and control measures deemed necessary by the department to achieve the goal, a schedule for implementation of the necessary measures that is adequate to meet applicable dates established by law, guidelines for public participation, and a strategy for ensuring that the necessary measures are implemented. (2) Agricultural water quality management area rules are the only enforceable aspect of an area plan. Area rules must be sufficient to assure that landowners in compliance with the area rules will prevent and control water pollution from agricultural activities and soil erosion. Some level of erosion and runoff can occur on agricultural and rural lands but must be within the limitations established by existing water quality laws. Statutory/Other Authority: ORS 561 & 568.900 - 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 16-2006, f. & cert. ef. 9-15-06 AD 9-1994, f. & cert. ef. 7-26-94
603-090-0040 Specific Action Requirements — Appeals (1) Pursuant to ORS 568.912, a landowner subject to agricultural water quality management area rules may be required to undertake certain specific actions. The required specific actions may but need not be incorporated into an individual water quality management plan. A landowner may appeal a specific action requirement by filing a formal request for alternate measures as provided in OAR 603-090-0050. (2) Prior to filing a formal request for alternate measures, a landowner may informally consult with the department regarding the specific actions required to comply with the agricultural water quality management area rules. Such consultation, however, shall not extend the time periods required for filing a formal request. (3) A general requirement for an individual water quality management plan may not be appealed under this provision. Statutory/Other Authority: ORS 561 & 568.900 - 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 16-2006, f. & cert. ef. 9-15-06 AD 9-1994, f. & cert. ef. 7-26-94
603-090-0050 Request for Alternate Measures — Filing, Content, and Approval (1) A request for alternate measures shall be made in writing and filed with the director. The request may be filed at anytime. (2) A request shall include a detailed description of proposed alternate measures and sufficient information to determine whether the request satisfies the requirements of section (3) of this rule. (3) A request for alternate measures shall be approved if the director, following consultation with other agencies as appropriate, finds that the alternate measures will provide a level of water quality protection equivalent to that which is provided by the specific actions required to comply with the agricultural water quality management area rules. (4) The director shall determine whether to allow a request for alternate measures within 60 days after the request is received unless the landowner agrees to extend the period or the director makes a determination that a longer period of time is required to obtain sufficient information to evaluate the request. If the request is filed while an enforcement action is pending, this 60 day period shall not begin to run until the enforcement action has been concluded. The enforcement action shall not be considered concluded if an appeal is pending or Civil Penalties remain unpaid. (5) The director’s decision to approve or deny a request for alternate measures shall be in writing and shall be an order in contested case issued in a manner consistent with the provisions of ORS 183.415, 568.900 to 568.933, and OAR chapter 137. Statutory/Other Authority: ORS 561 & ORS 568.900 - 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 21-2022, amend filed 08/17/2022, effective 08/17/2022 DOA 16-2006, f. & cert. ef. 9-15-06 AD 9-1994, f. & cert. ef. 7-26-94
603-090-0070 Consolidation of Enforcement Proceedings Notwithstanding that each and every violation is a separate and distinct offense, and in cases of continuing violations, that each day’s continuance is a separate and distinct violation unless otherwise determined by the department, proceedings for the assessment of multiple civil penalties for multiple violations against a landowner may be consolidated into a single proceeding. Statutory/Other Authority: ORS 561 & 568.900 - 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: AD 9-1994, f. & cert. ef. 7-26-94
603-090-0090 Hearing Procedures All formal hearings requested by the respondent concerning a request for alternate measures, Notice of Noncompliance, Plan of Correction, or Civil Penalty assessment shall be conducted in accordance with applicable contested case procedures as outlined in ORS chapter 183 and OAR chapter 137. Statutory/Other Authority: ORS 561 & ORS 568.900 - 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 21-2022, amend filed 08/17/2022, effective 08/17/2022 AD 9-1994, f. & cert. ef. 7-26-94
603-090-0100 Entry of Order, Appeal Rights, and Payment of Civil Penalties (1) If a person having received a notice of civil penalty assessment fails to request a hearing as specified in OAR 603-090-0090, or if after the hearing the person is found to be in violation of the provisions of these rules, an order may be entered by the department assessing a civil penalty. (2) The order shall be signed by the director or the director’s designee. (3) If the order is not appealed, any penalty is due and payable ten business days after the order imposing the civil penalty becomes final by operation of law or on appeal. (4) When an order assessing civil penalty becomes final by operation of law or on appeal and the amount of the penalty is not paid within 10 days after the order becomes final, the order may be recorded with the county clerk in any county of this state as provided by ORS 183.090(6) and proceedings to enforce the order may be initiated in accordance with 183.090(12). Statutory/Other Authority: ORS 561 & 568.900 - 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: AD 9-1994, f. & cert. ef. 7-26-94
603-095-0020 General Purpose – Agricultural Water Quality Management Plans (1) These rules have been developed to effectuate the implementation of water quality management area plans pursuant to authorities vested in the department through ORS 568.900–568.933. (2) The purpose of these rules is to outline requirements for landowners conducting agricultural activities in areas for which the department designates boundaries for the purpose of developing and implementing a water quality management area plan pursuant to ORS 568.900–568.933. Statutory/Other Authority: ORS 561.020, 561.190 & 568.909 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 14-2026, minor correction filed 02/25/2026, effective 02/25/2026 AD 3-1996, f. & cert. ef. 4-9-96
603-095-0030 General Policies It is the policy of the department that: (1) Cooperation between private and public entities be encouraged during implementation of agricultural water quality management area plans for the prevention and control of water pollution from agricultural activities and soil erosion; (2) Voluntary adoption of best management practices to prevent or control water pollution from agricultural activities and soil erosion be encouraged through education programs, demonstration projects, and availability of technical assistance; and (3) Enforcement action to achieve compliance with water quality management area plans and rules be pursued only when reasonable attempts at voluntary solutions have failed. Statutory/Other Authority: ORS 561.140 & 561.190 Statutes/Other Implemented: ORS 568.900 - 568.933 History: AD 3-1996, f. & cert. ef. 4-9-96
603-095-0040 Appeals Any appeals of specific actions required of a landowner or operator by the department under division 095 rules shall be pursued according to the provisions of the appeals process in OAR 603-090-0040. Statutory/Other Authority: ORS 568.912 Statutes/Other Implemented: ORS 568.912 History: AD 3-1996, f. & cert. ef. 4-9-96
603-095-0100 Purpose - Tualatin River Watershed (1) These rules have been developed to help implement a water quality management area plan for the Tualatin River Watershed Agricultural Water Quality Management Area pursuant to authorities vested in the Oregon Department of Agriculture (department) through ORS 568.900-568.933 and 561.190-561.191. The plan is known as the Tualatin River Watershed Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to provide requirements for landowners and operators (as defined in ORS 568.903) in the Tualatin River Watershed Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion and to meet water quality standards. Statutory/Other Authority: ORS 561.190 - 561.561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 15-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 4-2015, f. & cert. ef. 1-29-15 AD 3-1996, f. & cert. ef. 4-9-96