justicedao/ipfs_state_laws huggingface dataset:
141-093-0295 Certain Ocean Renewable Energy Facilities - GP-Eligibility Requirements Activities authorized by this General Permit must meet all of the following requirements: (1) Research project or demonstration project only. (2) Project must have completed a JART pre-application meeting pursuant to OAR 141-140 and have a recommendation from the JART for processing under this General Permit. (3) Projects must be wholly located within one of the following zones as designated in the Territorial Sea Plan, Part 5, Appendix B: (a) Renewable Energy Facility Suitability Study Area (REFSSA); (b) Renewable Energy Permit Areas (REPA); or, (c) Resources and Uses Management Areas (RUMA). (4) Notwithstanding the definition of “Ocean Renewable Energy” contained in ORS 274.870(3), the project cannot involve ocean offshore wind power generation. (5) Removal and fill is limited to that part of the territorial sea between extreme low tide elevation and the three geographic mile limit only. No removal or fill in wetlands or other waters of this state is authorized by this General Permit. Statutory/Other Authority: ORS Chapter 183, ORS 196.810, ORS 196.817, ORS 196.485(3), ORS 197.180 & ORS 196.405-583 Statutes/Other Implemented: ORS 196.795-990 & ORS 196.600-692 History: DSL 57-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 5-2017, adopt filed 12/28/2017, effective 01/01/2018
141-093-0300 Certain Ocean Renewable Energy Facilities - GP-Specific Application Requirements In addition to application requirements pursuant to 141-093-0105, the applicant must provide the following information in an application: (1) A JART recommendation for processing the proposed project under this General Permit. (2) Map clearly illustrating location of the proposed ocean renewable energy facility placement relative to a REFSSA, REPA or RUMA. (3) A completed Resource Inventory and Effects Evaluation pursuant to Part Five of the Territorial Sea Plan. For proposed projects within a RUMA, the Resource Inventory and Effects Evaluation must clearly demonstrate no significant adverse effects on inventoried marine resources and uses. Pursuant to the Territorial Sea Plan, Part Five D., a Resource Inventory and Effects Evaluation is not required for proposed projects located at the NW National Marine Renewable Energy Center- Mobile Ocean Test Berth. (4) Description of how project meets the definition of “demonstration project” or “research project” as defined in this Rule. (5) Project description including: (a) Description and quantity of all project components including anchoring system and other fixed components, tethering and floating components. (b) Area of ocean floor to be covered by anchors and any other equipment to be affixed to the ocean floor. (c) Methods and timing for facility deployment and recovery. (d) Identification of any project components expected to be decommissioned in-place. (e) Scaled plan view and cross-section drawings including the maximum ocean surface area that the facility will occupy considering drift area of floating components. (f) Facility inspection and contingency plan describing nature and timing of inspections and contingency plans for events including but not limited to: sinking or disconnection of floating components, substantive movement of anchors from the point of placement, entanglement of fishing gear, any release of fluids or any exposure of any buried components. (6) If project includes cables, pipes or conduit from device(s) to the ocean shore, application must describe method for placement consistent with Part Four of the Territorial Sea Plan. On-shore terminus of pipes, cables other conduit must be clearly identified. Any on-shore project components must be authorized by a state Ocean Shore Permit as administered by Oregon Parks and Recreation Department. Statutory/Other Authority: ORS Chapter 183, ORS 196.810, ORS 196.817, ORS 196.485(3), ORS 197.180 & ORS 196.405-583 Statutes/Other Implemented: ORS 196.600-692 & ORS 196.795-990 History: DSL 55-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 5-2017, adopt filed 12/28/2017, effective 01/01/2018
141-093-0305 Certain Ocean Renewable Energy Facilities - GP-Authorized Activities This General Permit authorizes the placement and removal of ocean renewable energy facilities in the territorial sea for the purpose of research or demonstration in an area not to exceed 53 contiguous acres per project, measured as the surface expression of a vertical column between the ocean surface and the ocean floor. Cables, pipes or conduit extending from the facility to the ocean shore are not included in the 53-acre limitation. Statutory/Other Authority: ORS Chapter 183, ORS 196.810, ORS 196.817, ORS 196.485(3), ORS 197.180 & ORS 196.405-583 Statutes/Other Implemented: ORS 196.600-692 & ORS 196.795-990 History: DSL 54-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 5-2017, adopt filed 12/28/2017, effective 01/01/2018
141-093-0310 Certain Ocean Renewable Energy Facilities - GP- Specific Conditions (1) All requirements, procedures and conditions set forth in OAR 141-093-135 (General Conditions) apply to this General Permit, except as follows: (a) General Condition (5) ODFW Fish Passage Requirement; (b) General Condition (8) Pre-Construction Resource Area Fencing or Flagging; (c) General Condition (9) Erosion Control Methods; and (d) General Condition (11) Raising or Redirecting Water (2) Notwithstanding the provisions of ORS 274.879(8), the authorization holder must complete the removal of all equipment related to the ocean renewable energy facility within the term of the authorization, not to exceed five years, unless an individual removal-fill permit, pursuant to 141-085 has been issued for extended or expanded ocean renewable energy facility placement. (3) Anchors, cables or any other equipment that lies at least one (1) meter beneath the ocean floor may be decommissioned in-place if: (a) There is a recommendation from the JART to allow specified equipment to be decommissioned in-place; and, (b) The authorization expressly allows specified equipment to be decommissioned in-place. (3) Authorized facilities must contain fish screens as required by ODFW on any water intake or discharge devices associated with the ocean renewable energy facility. (4) Any cables, pipes or other conduit extending to the ocean shore must be placed consistent with Part Four of the Territorial Sea Plan. (5) Required notifications. The authorization holder must submit to the Department: (a) For any approved decommissioning of equipment in-place, a letter verifying that the equipment is buried at least one (1) meter beneath the ocean floor. The letter must include a description of methods used to verify the burial depth of the equipment. This verification letter is due to the Department no later than 90 days prior to the initiation of facility decommissioning. (b) A letter verifying the removal of all ocean renewable energy facility components (excluding any equipment authorized to be decommissioned in-place. This verification letter is due to the Department within 30 days of completing the removal. (c) Notification of any observed sinking or disconnection of floating components, substantive movement of anchors from the point of placement, entanglement of fishing gear, any release of fluids or any exposure of any buried components. Notification is required within 24 hours of observance and must include a corrective action plan. Statutory/Other Authority: ORS Chapter 183, ORS 196.810, ORS 196.817, ORS 196.485(3), ORS 197.180 & ORS 196.405-583 Statutes/Other Implemented: ORS 196.600-692 & ORS 196.795-990 History: DSL 53-2018, minor correction filed 01/05/2018, effective 01/05/2018 DSL 5-2017, adopt filed 12/28/2017, effective 01/01/2018
141-095-0005 Purpose (1) This division adopts the Department of State Lands state agency coordination program entitled “A Program for Coordinating DSL’s Activities with Oregon’s Cities and Counties, Tribal Governments, Federal and State Agencies, and Special Districts” pursuant to ORS 197.180 and chapter 660, divisions 030 and 031. (2) The four required elements of a state agency coordination program listed in ORS 197.180(3)(a)–(d) and OAR 660-030-0060(2)(a)–(d) are an agency’s: (a) Rules and summaries of programs determined to affect land use (i.e., land use programs); (b) Exempt and compatible land use programs and procedures for assuring that such programs will comply with the statewide planning goals and be compatible with acknowledged comprehensive plans and land use regulations; (c) Procedures for coordinating its land use programs with state and federal agencies, and special districts; and (d) Program for cooperation with and technical assistance to local governments. (3) Upon adoption by the State Land Board, this state agency coordination program replaces the department’s previous state agency coordination adopted by the State Land Board on October 23, 1990. (4) This division becomes effective upon approval by the Department of Land Conservation and Development or upon certification by the Land Conservation and Development Commission. (5) Copies of the department’s state agency coordination program are available at the following locations: (a) Department of State Lands, 775 Summer Street, Suite 100, Salem, Oregon 97301-1279; DSL website: www.oregonstatelands.us; and (b) Department of Land Conservation and Development, 635 Capitol Street NE, Suite 150, Salem, Oregon 97301-2540. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 196, 197, 273 & 274 Statutes/Other Implemented: ORS 196, 197.180, 273 & 274 History: DSL 3-2006, f. & cert. ef. 7-13-06
141-095-0015 Applicability of State Agency Coordination Program to Department Rules and Programs (1) This division and the applicable provisions of ORS 197.180 and OAR chapters 660, division 030 shall apply to all department land use programs referenced in the department’s state agency coordination program adopted pursuant to OAR 141-095-005(1) and to any future or subsequently amended department rule or program determined to affect land use in accordance with OAR 141-095-0010(12). (2) Before taking any action to adopt, amend or implement a department land use program, the director shall confirm whether the proposed action will affect land use, and if so assure that all applicable provisions of the department’s state agency coordination program are followed. Of particular importance is for the director to assure that the proposed action affecting land use is compatible with the affected local government(s) acknowledged comprehensive plan(s) and land use regulations, and where necessary, complies with the statewide planning goals and applicable rules in OAR chapter 660. (3) The director shall review and take other actions as needed to ensure that all department land use programs, including applicable administrative rules in OAR chapters 141 and 142, are consistent with and will be carried out in accordance with the department’s state agency coordination program and the provisions OAR 141-095. (4) The director where necessary shall recommend revisions and other appropriate actions to the State Land Board to revise existing department land use programs and applicable administrative rules to comply with OAR 141-095-0015(3). (5) The director as needed shall consult with and request assistance from the Department of Land Conservation and Development in carrying out OAR 141-095-0015(2)–(4) and any related sections of the department’s state agency coordination program. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 196, 197, 273 & 274 Statutes/Other Implemented: ORS 196, 197.180, 273 & 274 History: DSL 3-2006, f. & cert. ef. 7-13-06
141-100-0010 Purpose Pursuant to ORS 390.835(2) and (3), these rules establish procedures for the consideration and processing of permit applications for fill, removal and other alterations of the beds and banks of a State Scenic Waterway and in jurisdictional waters within related adjacent lands. Statutory/Other Authority: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 History: DSL 4-2011, f. & cert. ef. 3-1-11 LB 3-1994, f. 5-11-94, cert. ef. 5-15-94
141-100-0020 Policy The Department will: (1) Preserve. Preserve the natural setting and free-flowing character of State Scenic Waterways and related adjacent lands for recreation, fish and wildlife uses for present and future benefit to the public. (2) Recognize Best Use of Waters. Recognize recreation, fish and wildlife uses as the highest and best uses of the waters of a State Scenic Waterway. (3) Protect. Protect the outstanding scenic, geological, botanical, historic, archaeological, outdoor recreation and fish and wildlife values along State Scenic Waterways by protecting the special attributes (as listed in each Scenic Waterway Management Plan prepared by OPRD) that caused the waterway to be included in the Scenic Waterway system. (4) Require Non-structural Techniques. Require applicants to employ streambank stabilization and rehabilitation techniques utilizing native riparian vegetation and other non-structural alternatives, unless it can be demonstrated such approaches are unlikely to be effective for the given situation under consideration by the Department. (5) Require Permits Prohibit filling, removal and alteration of the beds and banks of State Scenic Waterways, except as provided under OAR 141-100-0035, unless a permit is issued by the Director as provided in these rules. (6) Cooperate with Local, State and Federal Agencies. Recognize the interrelated nature of regulatory activities affecting State Scenic Waterways and the need to achieve coordinated management and protection of State Scenic Waterway values. The Department shall work in close cooperation with state, local and federal agencies, particularly OPRD, Water Resources Department (WRD), Department of Environmental Quality (DEQ), Oregon Department of Fish and Wildlife (ODFW), U.S. Army Corps of Engineers (COE), affected tribes, and local government land use planning agencies. (7) Provide for Public Comment. Recognize the high level of public interest in State Scenic Waterway management by providing opportunities for comment on proposed policies or rules and individual applications. (8) Ensure Compatibility with Land Use. Adhere to the Department's State Agency Coordination Plan (OAR 141-095-0005 through 141-095-0015), to assure compliance with the statewide planning goals and compatibility with acknowledged city and county comprehensive land use plans. Statutory/Other Authority: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 History: DSL 4-2011, f. & cert. ef. 3-1-11 DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09 DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06 DSL 3-1998, f. & cert. ef. 4-22-98 LB 3-1994, f. 5-11-94, cert. ef. 5-15-94
141-100-0030 Coordination with Key Agencies Involved in Scenic Waterway Management (1) Cooperative Effort. Managing the State Scenic Waterway Program is a cooperative effort of the OPRD, WRD and the Department. In addition, ODFW, DEQ, the Department of Forestry (DOF) and the Oregon State Marine Board play key roles. Therefore, the Department will: (a) Coordinate the review and issuance of all State Scenic Waterway removal-fill permits with the affected state agencies; (b) Coordinate the investigation of alleged State Scenic Waterway removal-fill violations with affected agencies; (c) Advise applicants of the need to obtain concurrence from OPRD for projects on related adjacent lands; and (d) Seek to utilize the expertise of other state agency’s staff. (2) Tribal and Federal Coordination. Because many State Scenic Waterways are also included in the federal Wild and Scenic River system or similar designations on tribal lands, the Department will work closely with the appropriate federal agencies including the U.S. Forest Service (USFS), U.S. Bureau of Land Management (BLM), the U.S Army Corps of Engineers (USACE) and affected tribes as follows: (a) Fully coordinate the review and issuance of all State Scenic Waterway removal-fill permits with the analysis outlined in the Application Review Procedures for Scenic Waterway Removal-fill Permits (OAR 141-100-0045), and participate in National Environmental Protection Act review or any similar evaluations conducted by federal agencies; and (b) Immediately notify the appropriate federal agency or affected tribe of alleged State Scenic Waterway removal-fill violations. Statutory/Other Authority: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 History: DSL 4-2011, f. & cert. ef. 3-1-11 DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09 DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06 LB 3-1994, f. 5-11-94, cert. ef. 5-15-94
141-100-0035 Exemptions from Permit Requirements in State Scenic Waterways (1) Prospecting. A permit will not be required for non-motorized methods of recreational prospecting resulting in filling, removing or moving by artificial means less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material from within the bed or wet perimeter of any single State Scenic Waterway in a single year. Recreational prospecting is prohibited from any site where fish eggs are present. (2) Oregon Department of Fish and Wildlife (ODFW). ODFW may construct facilities or make improvements to facilitate the passage or propagation of fish and exercise other responsibilities in managing fish and wildlife resources. (3) Oregon Water Resources Department (OWRD). OWRD may construct and maintain stream gauge stations and other facilities related to OWRD’s duties in the administration of the water laws. Statutory/Other Authority: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 History: DSL 4-2011, f. & cert. ef. 3-1-11
141-100-0040 Permit Types Unless exempt under OAR 141-100-0035, one of the following types of permits is required prior to undertaking any amount of removal-fill activity within the bed and banks of a State Scenic Waterway and in waters of this state on related adjacent lands: (1) State Scenic Waterway Individual Removal-fill Permit; or (2) State Scenic Waterway Emergency Removal-fill Permit. Statutory/Other Authority: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 History: DSL 4-2011, f. & cert. ef. 3-1-11 DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09 LB 3-1994, f. 5-11-94, cert. ef. 5-15-94
141-100-0045 State Scenic Waterway Individual Removal-Fill Permits (1) Application Procedures. Applications for approval of all regulated removal-fill activities in State Scenic Waterways must be submitted to the Department in writing, in advance of the proposed activity, and must include all information needed to evaluate the request. The application must be submitted on the Joint Permit Application Form of the COE and the Department and must meet the standards for completed applications in OAR 141-085. (2) Fees. Fees must be submitted for a complete application in accordance with the current fee schedule under OAR 141-085. (3) Application Review Procedures: (a) Applications must be reviewed within 30 calendar days from receipt and processed in a manner consistent with OAR 141-085, the Department rules for individual removal and fill permits; (b) In reviewing an application, the Department will conduct the necessary investigations to develop a rational basis for a decision consistent with the requirements of the policies of this rule; and (c) The Department may consult with any person, group or agency interested in or affected by a permit decision. (4) Public Review Process. All applications for impact to State Scenic Waterways must be available for public comment for 30 calendar days. (a) The Department will provide application notice for comment to the Department of Fish and Wildlife, Department of Environmental Quality, Department of Land Conservation and Development, Department of Agriculture, Water Resources Department, Business Development Department, State Parks and Recreation Department, State Historic Preservation Office, Department of Geology and Mineral Industries, Department of Transportation, Department of Forestry, and any other affected state and federal agency and tribes. The Department will also provide application notice to adjacent property owners listed on the application and interested persons who request notice; (b) In accordance with the procedures in the State Agency Coordination Program, the Department will provide application notice to the appropriate local government planning department(s) for a determination of the proposed activity's compatibility or non-compatibility with the affected city and county comprehensive plan(s) and land use regulations. If it is necessary to adopt findings of compliance with the statewide planning goals, the Department will act in accordance with its State Agency Coordination Program; and (c) Recommendations and comments regarding the project must be submitted in writing to the Director within 30 calendar days from the date the application is provided for comment. The Department will give reasonable consideration to permit conditions or comments offered by any person. Statutory/Other Authority: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 History: Renumbered from 141-100-0050, DSL 4-2011, f. & cert. ef. 3-1-11 DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09 DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06 DSL 3-1998, f. & cert. ef. 4-22-98 LB 3-1994, f. 5-11-94, cert. ef. 5-15-94
141-100-0052 Agency Considerations and Determinations (1) Issuance. The Department will issue State Scenic Waterway removal-fill permits only upon written findings that: (a) The proposed activity is consistent with the State Scenic Waterway Act (ORS 390.805 through 390.925 or an applicable OPRD Scenic Waterway Management Plan or interim classification. The Department will coordinate with OPRD and WRD prior to making this determination; (b) The proposed activity is consistent with ORS 196.800 through 196.990 administered according to OAR 141-085 related to removal of materials from the beds or banks and filling of any waters of this state; (c) The proposed activity meets a demonstrated need and minimizes adverse impacts to special attributes of designated State Scenic Waterways; and (d) The proposed activity, individually or collectively, would not degrade fish, wildlife or recreation values. (2) Denial. The Director will deny any permit application, based upon written findings, if the proposed activity is not consistent with the policies under ORS 390.805 through 390.925 for State Scenic Waterways or 196.800 through 196.825 and 196.845 through 196.870 for removal of material from the bed and banks and filling any waters of this state. (3) Findings. Written findings are required for all authorizations or denials of a permit application. (4) Expiration. No State Scenic Individual Removal-Fill Permit will be issued for more than five years from issue date. (5) Renewal. State Scenic Individual Removal-Fill Permits, not associated with recreational placer mining issued under OAR 141-100-0055, may be renewed for multi-year projects in the same manner as OAR 141-085. Statutory/Other Authority: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 History: DSL 4-2011, f. & cert. ef. 3-1-11