justicedao/ipfs_state_laws huggingface dataset:
603-095-3400 Purpose – Crooked River (1) These rules have been developed to implement a water quality management area plan for the Crooked River 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 Crooked River Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Crooked 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 Crooked River 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 79-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 16-2004, f. & cert. ef. 6-17-04
603-095-3420 Geographic and Programmatic Scope (1) The Crooked River Agricultural Water Quality Management Area consists of the Crooked River Basin with the following exceptions near the mouth of the Crooked River: (a) Lands south of the Crooked River and west of the range line between R12E and R13E in T14S to exclude the entire Crooked River Ranch subdivision, which is in the Upper Deschutes Agricultural Water Quality Management Area; and (b) Lands north of the Crooked River and west of Sherwood Canyon near Smith Rock, which are in the Middle Deschutes Agricultural Water Quality Management Area. 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 Crooked River Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies and 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 Crooked River 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 16-2004, f. & cert. ef. 6-17-04
603-095-3440 Required Prevention and Control Measures (1) Landowners must comply with OAR 603-095-3440(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 Riparian Area Management: (a) Effective January 1, 2009, agricultural management must allow establishment, growth, and active recruitment of streamside riparian vegetation, consistent with site capability, to moderate solar heating, stabilize streambanks, and filter sediment and nutrients from overland flows. (b) Except as provided in (a), grazing, weed control, and other common agricultural activities are allowed in riparian areas. (c) Water gaps and hardened crossings are allowed in streams that otherwise meet conditions required under (a). (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 80-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 16-2004, f. & cert. ef. 6-17-04
603-095-3460 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 603-095-3460(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 603-095-3460(4), “person” does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-3460(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 16-2004, f. & cert. ef. 6-17-04
603-095-3500 Purpose – Curry County (1) These rules have been developed to implement a water quality management area plan for the Curry County 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 Curry County Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Curry County Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules (OARs 603-095-3500 through 603-095-3560) is expected to aid in the achievement of applicable water quality standards in the Curry County Water Quality Management Area. Statutory/Other Authority: ORS 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 92-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 81-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 17-2004, f. & cert. ef. 6-17-04
603-095-3520 Geographic and Programmatic Scope (1) The Curry County Agricultural Water Quality Management Area is comprised of all Curry County drainages and the Floras Creek drainage that extends into Coos County. The physical boundaries of the Management Area are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Curry County 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. These rules (OAR 603-095-3500 through 603-095-3560) will affect any lands in agricultural use on all non-Federal and non-Tribal lands in the Curry County Agricultural Water Quality Management Area. (a) Agricultural use does not include the use of land for garden plots primarily used for the cultivation of vegetables, flowers, herbs, or fruits for non-commercial use. (b) The provisions of the Curry County Agricultural Water Quality Management Area Plan and OARs 603-095-3500 through 603-095-3560 shall not apply to any forest activity subject to the Oregon Forest Practices Act, ORS 527.610. (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) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 17-2004, f. & cert. ef. 6-17-04
603-095-3540 Required Prevention and Control Measures (1) All landowners or operators conducting activities on lands in agricultural use will comply with the following criteria. A landowner is responsible for only those conditions resulting from activities controlled by the landowner. A landowner is not responsible for conditions resulting from actions by another landowner on other lands. A landowner is not responsible for conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated. A landowner is not responsible for natural increases in nutrient or temperature loading. (2) Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. (3) Effective June 3, 2007, agricultural management activities in the riparian area of perennial streams will be conducted in a manner that allows for the establishment, growth, and maintenance of riparian vegetation consistent with vegetative site capability so as to provide streambank stability and shade. Exemptions from OAR 603-095-3540(3) are: (a) Stream crossings, access for irrigation equipment and other accepted water dependent agricultural uses when conducted in a manner that minimizes impacts on streambank stability. (b) Streams that do not support native trout and are inaccessible to anandromous fish because of barriers at their junction with the Pacific Ocean. (c) This rule is not intended to prohibit riparian grazing where it can done while meeting the above vegetative conditions. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 82-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 17-2004, f. & cert. ef. 6-17-04
603-095-3560 Complaints and Investigations (1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, or through notification by another agency, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency. (2) Each notice of an alleged occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural 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 603-095-3560(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 603-95-3560(4), “person” does not include any local, state, or federal agency. (6) Notwithstanding OAR 603-095-3560(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 17-2004, f. & cert. ef. 6-17-04
603-095-3600 Purpose – Powder/Brownlee (1) These rules have been developed to implement a water quality management area plan for the Powder/Brownlee 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 Powder/Brownlee Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Powder/Brownlee 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 Powder/Brownlee Agricultural Water Quality Management Area. (3) Failure to comply with any provisions of the Powder/Brownlee 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 635-095-3660; (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 Powder/Brownlee 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 603-095-3600 to 635-095-3660. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 83-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 1-2004, f. & cert. ef. 1-12-04
603-095-3620 Geographic and Programmatic Scope (1) The Powder/Brownlee Agricultural Water Quality Management Area includes the portions of the following sub-basins that are within the boundaries of the state of Oregon: the Powder (HUC 17050203) and the Brownlee Reservoir (HUC 17050201). The physical boundaries of the Powder/Brownlee Agricultural Water Quality Management Area are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Powder/Brownlee Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forest lands with agricultural activities, with the exception of public lands managed by federal agencies. (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 Powder/Brownlee 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. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 1-2004, f. & cert. ef. 1-12-04
603-095-3640 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 that 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. (c) The rule does not specify any activities that must cease and does not require any particular activity to take place. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 85-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 1-2004, f. & cert. ef. 1-12-04
603-095-3660 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 investigation activities with the appropriate Local Management Agency. (2) Each notice of an alleged occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural 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 603-095-3660(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 603-095-3660(4), "person" does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-3660, 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 1-2004, f. & cert. ef. 1-12-04
603-095-3700 Purpose – Lower Willamette (1) These rules have been developed to implement a water quality management area plan for the subbasin pursuant to authorities vested in the department through ORS 568.900–568.933. The area plan is known as the Lower Willamette Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Lower Willamette Agricultural Water Quality Management Area for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 84-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOA 4-2004, f. & cert. ef. 1-23-04
603-095-3720 Geographic and Programmatic Scope (1) The Lower Willamette Agricultural Water Quality Management Area includes the area that drains into the Willamette River between a point due east of Bolton and the confluence with the Columbia River. Also included are areas that drain into the Columbia Slough between a point straight north of Troutdale and the confluence with the Willamette River and the area that drains into Multnomah Slough from the south between the Columbia/Multnomah County line and the confluence with the Willamette River. The physical boundaries of the Lower Willamette Agricultural Water Quality Management Area are indicated on the map included as an attachment to these rules. (2) Operational boundaries for the land base under the purview of these rules include all agricultural and rural lands within the Lower Willamette Agricultural Water Quality Management Area with the exception of public lands managed by federal agencies and activities that are subject to the Oregon Forest Practices Act. (3) The provisions of these rules apply to all agricultural land whether or not in current productive agricultural use. (4) 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. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 4-2004, f. & cert. ef. 1-23-04