justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.790. County funds for personnel and other uses. (1) In any county where one or more soil and water conservation districts have been established as provided by ORS 568.210 to 568.808 and 568.900 to 568.933, the county court of such county may provide and appropriate funds for the use of such district or districts for the employment of necessary personnel including the employment of one county extension agent or for other expenditures required to carry out the provisions of ORS 568.210 to 568.808 and 568.900 to 568.933. (2) Such funds may be provided either by special provision in the annual tax levy of such county or by appropriation of funds not otherwise appropriated.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.800. [1965 c.27 2,3,4; repealed by 1977 c.146 2]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.801. Stream control and management projects; application; designation and implementation; rules. (1) Any district that desires to implement a stream bank erosion control or stream corridor management project shall make application therefor to the State Department of Agriculture. The application shall be in such form and shall contain such information as the department may prescribe. (2) By utilizing existing inventories and reports, the department shall designate projects to be implemented on critically eroding stream systems of this state. (3) The department shall utilize the resources and cooperation of other state and federal agencies to the greatest extent practicable in implementing stream bank erosion control and stream corridor management projects. (4) In accordance with any applicable provision of ORS chapter 183, the department, by rule, shall adopt procedures to carry out the provisions of subsections (1) to (3) of this section.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.803. General obligation bonds; refunding bonds; special taxes. (1) When authorized by a majority of electors voting at an election called for that purpose by the directors of a soil and water conservation district, the directors may issue general obligation bonds of the district, not exceeding in value the amount stated in the notice of election and for the purpose named in the notice as provided in ORS chapter 287A. (2) The aggregate amount of general obligation bonds issued and outstanding at any one time may not exceed two and one-half percent of the real market value of all taxable property of the district, computed in accordance with ORS 308.207. (3) General obligation bonds must recite that they are issued under ORS 568.210 to
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.805. Special assessments; improvement bonds; objections by landowners. (1) A district may finance the exercise of any district power or function authorized under this chapter by levying special assessments against property directly benefited thereby and by issuing special assessment improvement bonds. As security for the bonds, the district may pledge all or any part of the revenue from special assessments levied against property directly benefited. The rights and duties accorded a city and the owners of property in a city under ORS 223.389 and 223.391 for levying special assessments and issuing special assessment improvement bonds shall apply in the same manner to a district and the owners of property in the district for purposes of levying assessments and issuing special assessment improvement bonds under this section. (2) In addition to other requirements of ORS 223.389 and 223.391, the directors of a district shall fix a date by which written objections to the amount of proposed assessments levied under this section may be filed with the district. The date so fixed shall be not less than 50 days after notice of the proposed assessment is mailed or delivered to the owner of each lot or parcel of property to be assessed. If written objections to the proposed assessments are filed by that date by at least 50 percent of the owners of property to be assessed who are also liable for at least 60 percent of the total amount of assessments, the directors of the district shall terminate the proposed project and assessments. (3) Except as provided in this section, a district may not issue bonds or make assessments. [1985 c.637 2; 1991 c.902 115; 2003 c.802 147] (Tax Levying Authority)
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.806. Ad valorem tax; budget; collection. (1) When authorized to become a taxing district by the eligible electors of the district as provided in ORS 568.807, a district may assess, levy and collect an ad valorem tax each year on all taxable property within the limits of the district. The proceeds of the tax shall be applied in carrying out the purposes of ORS 568.210 to 568.808 and
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.807. Electors authorizing taxation; election date. (1) The eligible electors of a district may, by approving a proposition referred to them by the governing body of the district, authorize the district to become a taxing district with the power to thereafter assess, levy and collect an ad valorem tax each year on the real market value of all taxable property within the limits of the district. (2) Approval of a proposition authorizing the district to become a taxing district need only be obtained once by a district in order for the district to have the taxing power granted by ORS 568.806. (3) An election called by the district for the purpose of obtaining approval to become a taxing district shall be held on one of the dates set forth in ORS 255.345.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.810. Purpose of ORS 568.810 to 568.890; types of wind erosion. (1) The purpose of ORS 568.810 to 568.890 is to effectuate the control of wind erosion by forming districts in which all land owners affected shall carry out wind erosion control measures whenever serious wind erosion conditions prevail. (2) Two types of wind erosion conditions shall be recognized: (a) The actual movement of soil by wind to such a degree that the topsoil is being noticeably destroyed. (b) Conditions which will result in a noticeable movement of the topsoil by wind action.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.820. Designation of areas by county court upon petition; description of boundaries. (1) The county court of any county east of the summit of the Cascade Mountains may designate areas as wind erosion districts when presented with a duly certified petition adequately describing the boundaries or area included in such districts and when the petition bears the signatures of two-thirds of the landowners or qualified representatives in the described district. Five such signatures shall be a minimum requirement. (2) Boundaries described by metes and bounds or areas described by quarter sections shall be deemed adequately described.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.830. Publication and posting of notices describing districts; when regulations are enforced. (1) The county court shall within 10 days after declaring a wind erosion district cause to be published an official notice adequately describing the district. (2) Each notice shall be posted in a prominent place in the county courthouse and shall be published in one or more newspapers serving the district, for two consecutive issues if weekly or two times at an interval of one week if daily or semiweekly. (3) Ten days after the last publication of the official notice the provisions of ORS 568.810 to 568.890 shall be enforced as set forth in ORS 568.840 to
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.840. Election of advisory board; meetings; members; functions. (1) Within 30 days after a wind erosion district has been designated by the county court the court shall cause to be posted in three public places in such wind erosion district a written or printed notice notifying the farm operators thereof to assemble at some designated convenient place on the 10th day after the date of notice at 10 a.m. for the purpose of electing four directors who shall be known as the advisory board, to serve until their successors are duly elected or appointed. Two members of the initial board shall be elected to serve for one year and two shall be elected to serve for two years. Vacancies in the advisory board shall be filled by appointment by the board. (2) As soon as 20 percent or more of the farm operators of the district have assembled pursuant to such notice they shall constitute a quorum to do business. Such meeting shall organize by the election of a chairperson and secretary of the meeting and then may proceed to elect four members of the advisory board. In either January or February in each year following the initial meeting, the chairperson of the advisory board shall call an annual meeting of the farm operators of the wind erosion district. At least five days before the meeting, notice of the meeting shall be given by posting in three public places in the wind erosion district a written or printed notice notifying the farm operators thereof to assemble at some designated convenient place at the appointed time for the annual meeting. At the meeting two members of the advisory board to serve for two years shall be elected. All members of the advisory board shall be farm operators of the district in which they are elected. (3) Within 10 days after the initial or yearly election, the advisory board shall meet and elect a chairperson and secretary from their members who shall serve until the next election. All other meetings of the advisory board shall be held as the need arises, at the call of the chairperson. Three members constitute a quorum. (4) The functions of the advisory board are: (a) To recommend to the county court a person or persons for the position of wind erosion inspector. (b) To consult and advise with the inspector as to the most feasible methods of effectuating wind erosion control in the district. (c) To act as a board of appeal when disputes arise between the wind erosion inspector and the owner or occupant of land within the district, concerning action relating to the enforcement of ORS 568.810 to 568.890. [Amended by 1959 c.278 1]
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.850. Wind erosion inspector; appointment; duties; appeal from decision; compensation; expenses. (1) The county court, upon the recommendation of the advisory board, shall appoint an inspector who shall, within the wind erosion district or districts under the supervision of the inspector: (a) Determine when serious wind erosion conditions prevail. (b) Serve notices on landowners or occupants to effectively control wind erosion on their lands or correct conditions which may allow wind erosion to occur. (c) When necessary, control or supervise control of wind erosion or conditions which may allow wind erosion to occur on lands where the owners or occupants thereof fail or refuse to do so. (2) The inspector shall be the sole judge of whether serious wind erosion conditions do or do not prevail, except that appeal from the decisions of the inspector may be made to the advisory board as provided in ORS 568.840. In case of appeal to the advisory board, the inspector shall abide by a majority decision of the advisory board. (3) The persons appointed wind erosion inspectors by the county court may receive for services reasonable wages, as determined by the county court, for the time actually employed in the performance of duty under the provisions of ORS
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.860. Inspector may enter lands in district; service of notice on owner or occupant. (1) The wind erosion inspector shall have access to all lands within the district or districts under the supervision of the inspector. If in the judgment of the inspector wind erosion is occurring or is likely to occur because proper control measures are not being practiced, the inspector shall serve a written notice to any such owner or occupant of such land, or where unable to serve such notice personally, shall post the same and two copies thereof in three conspicuous places on the land where the provisions of ORS 568.810 to 568.890 are not being complied with, bearing date of service on posting of same and a statement setting forth that work on the control of wind erosion must be commenced within five days; except that when serious blowing is actually occurring, four hours from the date of service is sufficient notice. (2) A copy of the notice or notices, each showing the period of grace allowed, together with proof of service indorsed thereon, shall be filed with the county court.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.870. County court may authorize inspector to control erosion; expenses of control. (1) If the owner or occupant of the land fails or refuses to control wind erosion in accordance with ORS 568.810 to 568.890, the wind erosion inspector shall at once notify the county court, and the county court shall authorize the wind erosion inspector or such assistants as the inspector may employ to go upon the land and control the wind erosion, using the most effective and practical methods which will operate with the least injury to the land or the crops thereon. (2) Verbal authorization by telephone from one or more members of the county court is sufficient authority for commencing wind erosion control work when actual wind erosion is occurring and when an official four-hour notice, as provided in ORS 568.860 has been served on the owner or occupant of the land. (3) Upon completion of the work the wind erosion inspector shall file with the county clerk an itemized statement of the expenses necessarily incurred in the control of the wind erosion, including the inspectors own wage, if any, verified by the oath of the inspector. When the statement is filed, the county clerk shall cause the same to be entered upon a lien docket prepared for that purpose. (4) If such charges and expenses are not paid to the county clerk and the lien discharged by the owner or occupant of the lands within 90 days from the date the lien is docketed, the county clerk shall certify the same to the tax collector of the county, who shall extend the amount thereof upon the current tax roll, and when so extended the same shall constitute a valid lien against the premises and shall be collected by the tax collector in the same manner as taxes are collected. (5) If within 10 days from the date of filing and docketing the lien no objections have been filed thereto, the county court shall pay the amount thereof out of the general fund of the county to the claimants.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.880. Tax levy for wind erosion control. The county courts of the several counties may levy a tax and create a fund for the control of wind erosion on county land within the wind erosion districts and for expenses of erosion control which cannot fairly be charged to the individual landowners. The amount estimated by the county court as being sufficient for such purposes may be placed in the county budget; and after consideration at the meeting held for the purpose of passing upon the tax levy of the electors of the county, may become one of the items for which expenditure may be made during the ensuing year.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.890. District may be dissolved; disposition of district funds; change of district boundaries. (1) Any wind erosion district may be enlarged, contracted or dissolved by the county court when a petition is filed bearing the signatures of two-thirds of the landowners of the district and stating the changes in the district boundaries that are desired. (2) All such changes shall be described as provided in ORS 568.820. Any moneys remaining in any fund for the control of wind erosion shall, after the dissolution of all such districts in the county, be credited to the general fund of the county. AGRICULTURAL WATER MANAGEMENT
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.903. Landowner defined. Notwithstanding the definition given in ORS 568.210, as used in ORS 568.909 to
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.906. Plan implementation to involve local agencies. It is the intention of the Legislative Assembly that plans developed under ORS 568.900 to
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.909. Boundaries for land subject to water quality plans; implementation of plan and rules. (1) The State Department of Agriculture may describe the boundaries of agricultural and rural lands that are subject to a water quality management plan: (a) Due to a determination by the Environmental Quality Commission to establish a Total Maximum Daily Load for a body of water under the Federal Water Pollution Control Act (33 U.S.C. 1313); (b) Due to a declaration of a ground water management area under ORS 468B.180; or (c) When an agricultural water quality management plan is otherwise specifically required by state or federal law. (2) For an area whose boundaries have been designated under this section, the department shall develop and carry out a water quality management plan for the prevention and control of water pollution from agricultural activities and soil erosion. The department shall base the plan and rules adopted to implement the plan upon scientific information.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.912. Management plan rules; required actions under rules; prohibiting specific practices; landowner appeals. (1) The State Department of Agriculture in consultation with the State Board of Agriculture may adopt rules necessary to implement a water quality management plan initiated under ORS 568.909. The rules adopted under this subsection shall constitute the only enforceable aspects of a water quality management plan. (2) Pursuant to rules adopted under subsection (1) of this section, the department may require any landowner whose land is located within an area subject to a water quality management plan to perform those actions on the landowners land necessary to prevent and control water pollution from agricultural activities and soil erosion. Such actions may include: (a) Construction or maintenance of any works or facilities; (b) Agricultural and cropping practices; or (c) Any other measure or avoidance necessary for the prevention or control of water pollution of the waters of the state. (3) No specific practice may be prohibited under this section unless the department has a scientific basis for concluding that the practice is a factor in causing water quality standards to be exceeded. (4) A landowner subject to the rules adopted to implement a plan may appeal specific actions required of that landowner by the department to carry out a plan. The department shall establish by rule a procedure and criteria for the appeal process.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.915. Entry upon land; purpose; consultation with Department of Justice; notice to landowners. (1) After making a reasonable attempt to notify the landowner, the State Department of Agriculture or a designee of the department may enter any lands within the area subject to a water quality management plan for the purpose of determining: (a) Those actions that may be required of landowners under ORS 568.900 to 568.933 or rules adopted under ORS 568.912; and (b) Whether the landowner is carrying out the required actions. (2) The State Department of Agriculture, or a designee of the State Department of Agriculture, shall periodically, and in no event less than once biennially, consult with the Department of Justice to ensure that the actions of the State Department of Agriculture taken under this section are consistent with section 9, Article I of the Oregon Constitution, and the Fourth Amendment to the United States Constitution. (3) Prior to general initiation of inspections in an agricultural water quality management area for compliance with rules adopted under ORS 568.912, the department shall implement a process to notify the affected landowners within the boundaries of the area of any requirements that may by rule apply to landowners in the area.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.918. Notice to landowner of failure to perform requirements. Upon finding that a landowner in an area subject to a water quality management plan has failed to perform actions required by the rules adopted under ORS 568.912, the State Department of Agriculture shall notify the landowner and direct the landowner to perform the work or take any other actions necessary to bring the condition of the subject lands into compliance with the rules within a reasonable period of time. In all cases, the legal owner of the property shall also be notified, prior to the assessment of any civil penalty.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.921. Fees from landowners. The State Department of Agriculture, in consultation with the State Board of Agriculture, may establish and collect fees from landowners subject to a water quality management plan adopted under ORS 568.909. The fees shall not exceed the total cost of developing and carrying out the plan and shall not exceed $200 annually per landowner. Fees established by the department under this section are subject to the requirements of ORS 291.055. Any fees received by the department pursuant to this section shall be deposited in the State Treasury to the credit of the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of implementing ORS 568.900 to 568.933.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.924. Interagency agreements. The State Department of Agriculture may enter into agreements with any agency of this state, including but not limited to a soil and water conservation district, or with any agency of the federal government, for the purposes of carrying out the provisions of ORS 568.900 to 568.933 including the development of a plan.
ORS Chapter 568 — Soil and Water Conservation;

ORS 568.927. Law inapplicable to certain forest practices. The provisions of ORS 568.900 to