justicedao/ipfs_state_laws huggingface dataset:
141-089-0625 General Authorizations (GA); Process for Establishing; Standards and Criteria (1) Waiver of Permit Requirements. An individual removal-fill permit, general removal-fill permit, or DEQ remedial action waiver may not be necessary if a project meets the requirements of a GA. Any person proposing to conduct a project under a GA must comply with the rules in this division. (2) Establishment. GAs are granted through adoption of administrative rules in accordance with the Administrative Procedure Act (ORS 183.310 through 183.550). A GA may be granted on a statewide or other geographic basis. (3) Criteria for Granting. The Department may grant a GA based upon a finding that the category of activities of removal-fill: (a) Are substantially similar in nature; (b) Would cause only minimal individual and cumulative environmental impacts; and (c) Would not result in long-term harm to the water resources of this state. (4) Department Findings. These GAs in OAR 141-089 are granted pursuant to ORS 196.850 and are based upon the determination that the authorized activities are similar in nature and that when conducted in accordance with these rules, will cause no more than minimal individual and cumulative environmental effects, and will not result in long-term harm to water resources of this state. (5) Amend or Rescind. The Department may amend or rescind any individual GA, through rulemaking, upon a determination that activities conducted under an individual GA have resulted in or would result in more than minimal adverse effect or long-term harm to the water resources of this state. Any person may request the Department act under this provision. Such a request must include the GA to be rescinded or amended and the reasons for the request. (6) Review of GAs. The Department will conduct a review of this Division 141-089 every five years from the date of the last OAR 141-089 rule amendment. The review will include public notice and opportunity for public hearing. At the completion of its review, the Department will engage in rulemaking to modify or rescind the Division 141-089 rule if it determines that modification or rescinding is appropriate. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0635 Fees; Disposition of Fees (1) Fees. The fee for all General Authorization Notifications is a flat fee as follows: (a) Effective January 1, 2026 - $450 (b) Effective January 1, 2027 - $499 (c) Effective January 1, 2028 - $550 (d) Effective January 1, 2029 - $604 (e) Effective January 1, 2030 - $660 (f) Fees are due at the time of notification submission. Notifications that do not include the fee will receive an incompleteness determination under OAR 141-089-0640(3). (2) The following fees apply to a request from the authorization holder to revise or transfer a General Authorization: (a) Effective January 1, 2026 - $50 (b) Effective January 1, 2027 - $66 (c) Effective January 1, 2028 - $82 (d) Effective January 1, 2029 - $99 (e) Effective January 1, 2030 - $117 (f) The applicant shall pay these fees within 30 calendar days of a Department notice that fees are outstanding. The Department may deny an application if the applicant does not pay the appropriate fees within 30 calendar days of the notice. (3) Fees Deposited in the statutory Common School Fund. The Department will credit any fee collected under this section to the statutory Common School Fund for use by the Department in administration of ORS 196.600 through 196.905. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 4-2025, amend filed 08/20/2025, effective 01/01/2026 DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0645 Expiration of Project Eligibility Except as provided in OAR 141-089-0820 to 141-089-0835: (1) A determination under OAR 141-089-0640(3)(a) is valid for three years or until the project is complete, whichever occurs first; and (2) Requests for renewals or extensions will not be granted. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 4-2013, f. 12-13-13, cert. ef. 1-1-14 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0655 Enforcement Failure to submit a notification, receive an OAR 141-089-0640(3)(a) determination, or adhere to the terms of any GA when performing a project authorized under OAR 141-089, is a violation of the Removal-Fill Law and may be subject to appropriate enforcement in accordance with ORS chapter 196 and OAR 141-085. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0656 Authorization Decision Appeals A responsible party whose project is determined by the Department to be ineligible for a GA may appeal the Department’s determination under the same process laid out in OAR 141-085-0575(1), (5) through (10) and 141-085-0580. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0660 Minimal Disturbance within ESH – Purpose OAR 141-089-0660 to 141-089-0675 set forth the conditions under which a person may, without an individual removal-fill permit, general removal-fill permit, or DEQ remedial action permit waiver from the Department, fill or remove material for a project within waters of this state designated ESH. Temporary impacts to wetlands or waterways associated with a project may be authorized by combining this GA (OAR 141-089-0660, et seq .) with the Temporary Impacts to Wetlands and Waterways GA (OAR 141-089-0700, et seq. ). Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 1-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0665 Minimal Disturbance within ESH – Eligibility Requirements Activities are limited to the five authorized projects described in OAR 141-089-0670 within designated ESH waters for a project. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 2-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0670 Minimal Disturbance within ESH – Authorized Activities Project activities are limited to the following: (1) Investigative Drilling and Sampling. Not more than 10 cubic yards of removal and fill for investigative drilling and sampling to gather necessary technical data for designing structures or characterizing sediments. (2) Scientific Measurement. Not more than four cubic yards of removal and fill at any individual site and, cumulatively, not more than 10 cubic yards of removal and fill for the installation, removal, construction, and maintenance of scientific measurement devices, including staff gages, tide gages, water recording devices, water quality testing and improvement devices, and similar structures, whose purpose is to measure and record scientific data. (3) Surveys For Historical Resources. Not more than four cubic yards of removal and fill at any individual site and, cumulatively, not more than 10 cubic yards of removal and fill for surveys conducted for historical resources. (4) Maintenance and Reconstruction of In-Water Structures. Not more than ten cubic yards of removal and fill necessary to maintain or reconstruct the serviceability of existing man-made structures below ordinary high water line or highest measured tide line and not otherwise exempted by OAR 141-085-0530. (5) Beaver Pond Levelers and Exclusion Devices. Unless otherwise approved by the Department, not more than two cubic yards of removal and fill at any individual site and, cumulatively, not more than five cubic yards of removal and fill, for fence and pipe devices to control beaver pond water elevation or exclude beaver damming activity in or adjacent to culverts. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 3-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0675 Minimal Disturbance within ESH – Project-Specific Conditions (1) Projects eligible for this GA must adhere to the general conditions in OAR 141-089-0650 and the following project-specific conditions: (2) Maintenance and reconstruction projects are conditioned as follows: (a) “Maintenance” has the same meaning as OAR 141-085-0510; (b) “Reconstruction” has the same meaning as OAR 141-085-0510; (c) The structure was serviceable within the last five years; and (d) The maintenance or reconstruction would not significantly adversely affect wetlands or other waters of this state to a greater extent than the wetlands or waters of this state were affected as a result of the original construction of those structures. (3) Scientific Measurement. All scientific measurement devices, including all associated structures and fills including anchoring devices, buoys, and cables, must be removed within 30 days after the research is completed. Where necessary, removal of devices may occur after expiration of a determination pursuant to OAR 141-089-0640(3)(a) without further authorization requirement. (4) Surveys for Historical Resources. All in-stream exploratory excavation must be isolated from the active channel. (5) Investigative Drilling and Sampling. Existing roads, paths and drilling pads must be used where available. Temporary placement of mats is allowed to provide site access. Temporary mats must be removed upon completion of the project. Drill holes must be refilled in accordance with Oregon Water Resources Department requirements. (6) Maintenance and Reconstruction of In-Water Structures. Notwithstanding the definition of “reconstruction” in OAR 141-085-0510, reconstruction does not need to be in-kind if the existing structure contains deleterious materials (e.g., concrete, metals, plastics, angular rock) that will be removed and reconstructed with environmentally preferable materials (e.g., untreated wood, gravel, boulders). (7) Beaver Pond Levelers and Exclusion Devices. At such time that the device(s) are no longer required due to beaver abandonment or removal, or the adverse effects of damming activity have otherwise been resolved, the device(s) must be removed from the waterway. Where necessary, removal of devices may occur after expiration of a determination pursuant to OAR 141-089-0640(3)(a) without further authorization requirement. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 4-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0680 Over-Water Structures Fill and Removal – Purpose OAR 141-089-0680 to 141-089-0695 set forth the conditions under which a person may, without an individual removal-fill permit, general removal-fill permit, or DEQ remedial action permit waiver from the Department, conduct fill and removal for certain over-water structures and piling in waters of this state. Temporary impacts to wetlands or waterways associated with a project may be authorized by combining this GA (OAR 141-089-0680, et seq. ) with the Temporary Impacts to Wetlands and Waterways GA (OAR 141-089-0700, et seq. ). Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 5-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0685 Over-Water Structures Fill and Removal – Eligibility Requirements Project activities must adhere to the following: (1) Purpose. Fill and removal for certain over-water structures as further defined in OAR 141-089-0690 and piling or anchors placed for over-water structure support or stabilization, navigational aids (e.g., channel markers, mooring and turning piles or dolphins) without footings or other support structure as approved by the Department. (2) Limited Placement. Over-water structures, piling, and anchors must be placed: (a) So as not to form headwalls or other bank treatment structures; (b) So as not to impede normal water flow into or within wetlands or deflect water in a manner that causes erosion; (c) So as not to create new uplands; and (d) In nonwetland waters. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 6-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0690 Over-Water Structures Fill and Removal – Authorized Projects Project activities are limited to the following. For (1), (2) and (3), docks and structures may be affixed or anchored below or above the ordinary high water line or highest measured tide line: (1) Fill and removal for residential docks and associated piling or anchors. (2) Piling or anchor replacement for existing nonresidential docks and other over-water structures. (3) Seasonal fill and removal for public recreation structures. For the purposes of this section, “public recreation structures” mean non-commercial swimming, viewing and fishing platforms, water slides, water ski ramps or similar structures, and including floating restrooms, deployed for the benefit of the general public. It does not include structures used as boat docks. (4) Fill and removal for navigational aids (e.g., channel markers, mooring, turning piles or dolphins). (5) Derelict and abandoned piling removal. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 7-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0700 Temporary Impacts to Wetlands and Waterways – Purpose OAR 141-089-0700 to 141-089-0715 set forth the conditions under which a person may, without an individual removal-fill permit, general removal fill permit, or DEQ remedial action permit waiver from the Department, temporarily fill or remove material in wetlands and waterways. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 9-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0705 Temporary Impacts to Wetlands and Waterways – Eligibility Requirements To be eligible, a project must adhere to the following: (1) Wetland Conversion. The project must not convert forested or shrub wetlands to a different Cowardin class nor may it convert any wetland class to open water. The project must not permanently convert waters to upland. (2) Wetland Delineation and Concurrence. For temporary impacts to wetlands, a copy of a valid, Department-approved wetland delineation map and concurrence letter must be provided with the notification pursuant to OAR 141-089-0640, unless otherwise directed by the Department. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 10-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0710 Temporary Impacts to Wetlands and Waterways – Authorized Projects Project activities are limited to the following. (1) Temporary impact of 0.50 acres or less of nontidal wetlands; (2) Temporary impact of 0.20 acres or less of tidal wetlands; (3) Placement and removal of structures necessary to isolate a work area from a waterway and conduct fish and wildlife salvage not to exceed 100 linear feet measured at the longest length of isolated work area below the ordinary high water line; and (4) The temporary placement of spud piles (i.e., piles driven into the bed of a waterway to provide stability for a floating work platform) during construction activity. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 11-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0720 Waterway Bank Stabilization Using Bioengineering – Purpose OAR 141-089-0720 to 141-089-0735 set forth the conditions under which a person may, without an individual removal-fill permit, general removal fill permit, or DEQ remedial action permit waiver from the Department, fill or remove material in waterways for the purpose of stabilizing the actively eroding banks of waterways using bioengineering methods. Temporary impacts to wetlands or waterways associated with a project may be authorized by combining this GA (OAR 141-089-0720, et seq. ) with the Temporary Impacts to Wetlands and Waterways GA (OAR 141-089-0700, et seq. ). Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 13-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0725 Waterway Bank Stabilization Using Bioengineering – Eligibility To be eligible, a project must be for the purpose of bank stabilization in waterways and meet the criteria in OAR 141-089-0730. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 14-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0730 Waterway Bank Stabilization Using Bioengineering – Authorized Projects Project activities are limited to the following. (1) Bank Terracing, Sloping, and Reshaping. Such projects include bank terracing and sloping, and associated placement of biodegradable erosion control, to facilitate establishment of woody vegetation. A project must meet the following criteria: (a) The slope must not be steeper than 3:1 (horizontal:vertical) ratio unless otherwise approved by the Department when natural slopes within the waterway reach are steeper than 3:1; (b) The entire bank treatment area must be replanted with native vegetation appropriate to the area and at a density consistent with natural stream bank densities in the area, unless otherwise approved by the Department; and (c) Planting of native vegetation must be completed by March of the year following establishment of the new contours unless otherwise approved by the Department. (2) Placement of Large Wood. Trees or root wads may be used. A project must meet the following criteria: (a) At a minimum, root wad diameter, trunk diameter and tree length, or their cumulative effect, must be of a size sufficient to withstand the rate of flow that caused the bank erosion; (b) The root wads or basal ends must be oriented upstream unless otherwise approved by the Department; (c) Large wood must be of a species native to the riparian zone within the project area or a reference area unless otherwise approved by the Department; (d) If fastening is necessary, only pinning may be used; and (e) If anchoring is necessary, only rock ballast, untreated wood posts, stabilizing wood or key pieces of wood may be used as anchors. (3) Log Toe Placement. The project must meet the following criteria: (a) Log toes must not extend more than one foot above the elevation of the water at base flow (i.e., the flow sourced from the ground and not from runoff); (b) Logs must be large enough to withstand the hydraulic energy in the stream and be anchored securely to the bank by burial; and (c) Logs must be of a species native to the riparian zone within the project area unless otherwise approved by the Department. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 15-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11
141-089-0735 Waterway Bank Stabilization Using Bioengineering – Project-Specific Conditions (1) Project activities must adhere to the general conditions in OAR 141-089-0650 and the following project-specific conditions. (2) Anchoring. Anchoring materials must: (a) Not restrict or redirect flows; and (b) Be set below grade to minimize the appearance. (3) Ballast. Use of rock and gravel for ballast is limited as follows: (a) Only the minimal amount necessary may be used to achieve project objectives and cannot function to armor the bank; (b) Rip-rap and rock toe placement is not allowed; (c) Rock must be placed in a way as to minimize adverse impacts to the active channel and downstream banks; and (d) All rock must be placed, not dumped, from above the bank line, from a dewatered position or, from a construction platform-mounted position. (4) Native Materials. Material used must be similar to materials currently or historically found naturally in the stream reach except as follows: (a) Use of straw bales, straw or coir logs, jute fabric, or other biodegradable material may be used where necessary for temporary erosion control; (b) Other temporary use of nonnative materials as necessary for compliance with OAR 141-089-0650 (General Conditions); (c) Pinning material for large wood placements; and (d) Erosion-resistant ballast rock may be sourced from an upland location but cannot include broken concrete, asphalt, or other waste materials. (5) Uplands. A project may not create new uplands nor reestablish lost uplands resulting from the bank erosion event(s), other than incidental creation necessary to achieve the bio-engineered bank stabilization. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 2-2024, amend filed 05/31/2024, effective 07/01/2024 DSL 16-2018, minor correction filed 01/03/2018, effective 01/03/2018 DSL 2-2011, f. & cert. ef. 3-1-11