reglab/housing_qa huggingface dataset:
OR Rev Stat § 196.875 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.875 - Double and treble damages for destruction of public right of navigation, fishery or recreation; costs and attorney fees.

(1) If any person, through negligence, violates ORS 196.810, the Director of the Department of State Lands, in a proceeding brought pursuant to ORS 196.870, may seek and the court may award double a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation. (2) If any person intentionally violates ORS 196.810, the director, in a proceeding brought pursuant to ORS 196.870, may seek and the court may award treble a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation. (3) An award made pursuant to this section shall be in addition to and not in lieu of any criminal penalties imposed for a violation of ORS 196.810. (4) In any action brought under ORS 196.870, the court shall award to the prevailing party the costs of suit and reasonable attorney fees at trial and on appeal. Subject to the provisions of ORS 20.140, any costs and attorney fees so awarded to the director shall be deposited in the Common School Fund to offset the director’s expenses of bringing such action. [Formerly 541.662 and then 196.740; 2007 c.849 §18] Note: 196.875 [formerly 541.662 and 196.740] was enacted by two identical provisions, section 10 of chapter 330 and section 13 of chapter 674, Oregon Laws 1973. Both are compiled as a single section.
OR Rev Stat § 196.880 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.880 - Fill under permit presumed not to affect public rights; public rights extinguished.

If the Director of the Department of State Lands issues a permit to fill pursuant to ORS 196.600 to 196.921, it shall be presumed that such fill does not infringe upon the public rights of navigation, fishery or recreation, and the public rights to lands created by the fill shall be considered extinguished. [Formerly 541.665 and then 196.745]
OR Rev Stat § 196.885 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.885 - Annual report of fill and removal activities; contents of report.

The Director of the Department of State Lands shall submit an annual report to the State Land Board on the activities conducted under ORS 196.600 to 196.921. The annual report shall include the following: (1) The number of fill and removal permits applied for, denied and granted, organized according to whether or not the permits were for waters subject to section 404 of the Federal Water Pollution Control Act (P.L. 92-500, as amended). For all permits granted or outstanding during the prior year, a separate summary shall be included for fills and removals, organized by river or other water body, that shows: (a) The total number of permits, the number of new permits and the number of renewal permits. (b) The volume and acreage of fills and removals authorized during the past year, and the volume and acreage of fills and removals completed during the past year. (2) By river or other water body, a summary of the total volume and acreage of fills and removals made under a general waiver, general permit or similar authority. (3) A summary of mitigation measures, including a description of each mitigation project approved during the past year including the location and size of each mitigation project and a report on the status of all mitigation projects pending or completed during the past year. (4) A summary of enforcement activities, including: (a) The number of potential violations reported. (b) The number of compliance investigations conducted. (c) The results of compliance actions, including: (A) The number of cases resolved by voluntary compliance, administrative hearings and judicial enforcement proceedings; (B) The amount of damages and penalties assessed; (C) The amount of damages and penalties recovered; and (D) A brief description of each after-the-fact permit issued, including the location and size by volume and acreage. (5) A description of staffing, including the number of full-time equivalent positions devoted to the permit program and, for each position, the qualifications and job description. (6) The report on the Oregon Removal-Fill Mitigation Fund as required under ORS 196.655. (7) The number of and average time for responding to notices received by local governments and the number of responses that took more than 30 days. (8) The number of wetland conservation plans approved by the director and a description of each, including the issues raised during the approval process. [Formerly 541.670 and then 196.750; 2009 c.343 §21]
OR Rev Stat § 196.890 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.890 - Civil penalties.

Any person who violates any provision of ORS 196.600 to 196.921 or any rule, order or permit adopted or issued under ORS 196.600 to 196.921 shall be subject to a civil penalty in an amount to be determined by the Director of the Department of State Lands of not more than $10,000 per day of violation. [Formerly 541.675 and then 196.755]
OR Rev Stat § 196.895 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.895 - Imposition of civil penalties.

(1) Civil penalties under ORS 196.890 shall be imposed as provided in ORS 183.745. (2) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the Director of the Department of State Lands under this section may be joined by the director with any other action taken against the same person under ORS 196.860 (1)(f). (3) Any civil penalty recovered under this section shall be deposited in the Common School Fund for use by the Department of State Lands in administration of ORS 196.600 to 196.921, 196.990 and 541.990 and as otherwise required by law. [Formerly 541.680 and then 196.760; 1991 c.734 §12] Note: Operation of the amendments to 196.895 by section 5, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001, as amended by section 19, chapter 11, Oregon Laws 2009 (second note under 196.800). The text that is operative after that approval is set forth for the user’s convenience. (1) Except as provided in subsection (4) of this section, civil penalties under ORS 196.890 shall be imposed as provided in ORS 183.745. (2) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the Director of the Department of State Lands under this section may be joined by the director with any other action taken against the same person under ORS 196.860 (1)(f). (3) Any civil penalty recovered under this section shall be deposited in the Common School Fund for use by the Department of State Lands in administration of ORS 196.600 to 196.921, 196.990 and 541.990 and as otherwise required by law. (4) Notwithstanding any provision of ORS 183.745, any person having an interest that is adversely affected or aggrieved by an alleged violation for which civil penalties are imposed under ORS 196.890 may intervene in a contested case proceeding pertaining to the imposition of civil penalties under this section.
OR Rev Stat § 196.900 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.900 - Schedule of civil penalties; rules; factors to be considered in imposing civil penalties.

(1) The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular violation. (2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations of statutes, rules, orders and permits pertaining to waters of the state. (c) The impact of the violation on public interests in fishery, navigation and recreation. (d) Any other factors determined by the director to be relevant and consistent with the policy of ORS 196.805. (3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS 196.805. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [Formerly 541.685 and then 196.765]
OR Rev Stat § 196.905 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.905

[Formerly 541.695 and then 196.770; 1999 c.610 §1; 2009 c.342 §3; 2011 c.16 §1; 2011 c.406 §3; 2017 c.428 §1; renumbered 196.921 in 2019]
OR Rev Stat § 196.906 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.906 - Legislative findings and declarations.

(1) The Legislative Assembly finds and declares that: (a) It is in the best interest of the state to create a simple regulatory approach for the maintenance of channels used for agricultural drainage and to improve awareness of, and compliance with, the removal and fill program provided for under ORS 196.600 to 196.921. (b) The provisions of ORS 196.906 to 196.919 are designed to protect the economic viability of Oregon’s farmers and ranchers by allowing for the maintenance of channels used for agricultural drainage to be conducted in a manner that protects, maintains or improves ecological function of the channels. (2) The Legislative Assembly declares that it is the policy of the state: (a) To adaptively manage the implementation of ORS 196.906 to 196.919 to allow for a workable process for persons to maintain traditionally maintained channels while protecting the ecological and life history functions of fish and wildlife that inhabit the channels; and (b) To place a high priority on and to encourage the identification and development of opportunities for voluntary actions to restore, improve or enhance the ecological health or benefits of traditionally maintained channels. [2019 c.699 §2] Note: 196.906 to 196.919 were added to and made a part of 196.600 to 196.921 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 196.909 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.909 - Definitions.

As used in ORS 196.906 to 196.919: (1) "Adaptive management" has the meaning given that term in ORS 541.890. (2) "Channel" means the defined bed and bank that serve to confine where a stream of water runs. (3) "Dry" means: (a) Channel conditions where no flowing or standing water is present, other than small quantities of water that may occur in low areas of the channel as a direct result of active maintenance activities; and (b) For the channel of a waterway that is subject to tidal influence, the existence of channel conditions described in paragraph (a) of this subsection during all tidal conditions. (4) "Maintenance" means channel upkeep and removal from the channel of sediment, vegetation or debris, in the minimum amount necessary to restore the serviceability of the channel for facilitating drainage. (5) "Traditionally maintained channel" means the channel of a segment, set of segments or the entirety of a drainage ditch, intermittent stream or perennial stream that: (a) Has been routinely subject to maintenance to facilitate drainage related to farming or ranching operations; and (b) Has been serviceable for facilitating drainage within the past five years. (6) "Undisturbed wetland" means a wetland that has not been materially affected by human activity and as further defined by the Department of State Lands by rule. [2019 c.699 §3; 2021 c.256 §1] Note: See note under 196.906.
OR Rev Stat § 196.910 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.910

[1997 c.508 §2; 1999 c.59 §54; 2003 c.253 §14; 2007 c.354 §3; renumbered 196.931 in 2019]
OR Rev Stat § 196.917 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.917 - Notice of violation; reasonable efforts to induce voluntary compliance.

Upon finding that a person has engaged in removal activities or fill activities for the maintenance of a traditionally maintained channel without a permit required under ORS 196.810 and in violation of ORS 196.911, 196.913 or 196.915, the State Department of Agriculture or the Department of State Lands, in consultation with the State Department of Fish and Wildlife, shall notify the person and direct the person to take any actions necessary to bring the maintenance activities into compliance with ORS 196.600 to 196.921 within a reasonable period of time. In all cases, the State Department of Agriculture or the Department of State Lands shall make reasonable efforts to induce voluntary compliance, prior to the assessment of any civil penalty under ORS 196.890 for violation of ORS 196.911, 196.913 or 196.915. [2019 c.699 §7] Note: See note under 196.906.
OR Rev Stat § 196.931 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.931 - Monitoring fill and removal activities; public education and information materials; periodic reports to legislative committee.

The Department of State Lands shall: (1) Monitor removal and fill activities, including but not limited to prospecting and placer mining, within designated essential indigenous anadromous salmonid habitat areas to determine the effects of such activities on salmonid spawning and rearing habitat and compile the results in an annual report. (2) Cooperate with the State Department of Fish and Wildlife and other interested parties to develop and distribute public education and information materials designed to increase understanding and awareness of permit requirements and acceptable removal and fill practices related to prospecting and placer mining. (3) Report periodically to the appropriate legislative committee on the progress of the Department of State Lands in implementing ORS 196.810. [Formerly 196.910] Note: 196.931 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 196.990 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.990 - Penalties for unpermitted removal from or filling of waters.

Violation of ORS 196.810 is a misdemeanor. [Formerly subsection (4) of 541.990] Note: Operation of the amendments to 196.990 by section 7, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001, as amended by section 19, chapter 11, Oregon Laws 2009 (second note under 196.800). The text that is operative after that approval is set forth for the user’s convenience. (1) A person commits the offense of unlawful removal from or filling of waters of this state if the person knowingly violates ORS 196.810 or an order issued thereunder, or any rule or condition of a permit issued under ORS 196.600 to 196.921. (2) Notwithstanding ORS 161.515, unlawful removal from or filling of waters of this state is an offense punishable by a fine of up to $10,000 per day of violation.
OR Rev Stat § 196.993 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill|Section 196.993 - Penalties for unauthorized use of Willamette Falls Locks.

A person who gains or attempts to gain unauthorized access to or use of the properties or facilities of the Willamette Falls Locks Authority in violation of any use restriction or condition imposed by the authority, including assessment of any fees, commits a Class D violation. In addition to any enforcement officers specifically identified in ORS 153.005, the executive director of the Willamette Falls Locks Authority and other employees of the Willamette Falls Locks Authority may issue citations for violations of this section. [2021 c.229 §11] Note: See note under 196.200.
OR Rev Stat § 197.005 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.005 - Legislative findings.

The Legislative Assembly finds that: (1) Uncoordinated use of lands within this state threatens the orderly development, the environment of this state and the health, safety, order, convenience, prosperity and welfare of the people of this state. (2) To promote coordinated administration of land uses consistent with comprehensive plans adopted throughout the state, it is necessary to establish a process for the review of state agency, city, county and special district land conservation and development plans for compliance with goals. (3) Except as otherwise provided in subsection (4) of this section, cities and counties should remain as the agencies to consider, promote and manage the local aspects of land conservation and development for the best interests of the people within their jurisdictions. (4) The promotion of coordinated statewide land conservation and development requires the creation of a statewide planning agency to prescribe planning goals and objectives to be applied by state agencies, cities, counties and special districts throughout the state. (5) City and county governments are responsible for the development of local comprehensive plans. The purpose of ORS 195.065, 195.070 and 195.075 is to enhance coordination among cities, counties and special districts to assure effectiveness and efficiency in the delivery of urban services required under those local comprehensive plans. [1973 c.80 §1; 1977 c.664 §1; 1981 c.748 §21; 1993 c.804 §2a; 1999 c.348 §1]
OR Rev Stat § 197.010 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.010 - Policy.

The Legislative Assembly declares that: (1) In order to ensure the highest possible level of livability in Oregon, it is necessary to provide for properly prepared and coordinated comprehensive plans for cities and counties, regional areas and the state as a whole. These comprehensive plans: (a) Must be adopted by the appropriate governing body at the local and state levels; (b) Are expressions of public policy in the form of policy statements, generalized maps and standards and guidelines; (c) Shall be the basis for more specific rules and land use regulations which implement the policies expressed through the comprehensive plans; (d) Shall be prepared to assure that all public actions are consistent and coordinated with the policies expressed through the comprehensive plans; and (e) Shall be regularly reviewed and, if necessary, amended to keep them consistent with the changing needs and desires of the public they are designed to serve. (2)(a) The overarching principles guiding the land use program in the State of Oregon are to: (A) Provide a healthy environment; (B) Sustain a prosperous economy; (C) Ensure a desirable quality of life; and (D) Equitably allocate the benefits and burdens of land use planning. (b) Additionally, the land use program should, but is not required to, help communities achieve sustainable development patterns and manage the effects of climate change. (c) The overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection provide guidance to: (A) The Legislative Assembly when enacting a law regulating land use. (B) A public body, as defined in ORS 174.109, when the public body: (i) Adopts or interprets goals, comprehensive plans and land use regulations implementing the plans, or administrative rules implementing a provision of ORS chapter 195, 196, 197, 215 or 227; or (ii) Interprets a law governing land use. (d) Use of the overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection is not a legal requirement for the Legislative Assembly or other public body and is not judicially enforceable. (3) The equitable balance between state and local government interests can best be achieved by resolution of conflicts using alternative dispute resolution techniques such as mediation, collaborative planning and arbitration. Such dispute resolution techniques are particularly suitable for conflicts arising over periodic review, comprehensive plan and land use regulations, amendments, enforcement issues and local interpretation of state land use policy. [1973 c.80 §2; 1981 c.748 §21a; 1993 c.792 §48; 2009 c.873 §1]
OR Rev Stat § 197.012 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.012 - Compact urban development.

In areas of the state that are growing rapidly, state agencies, as defined in ORS 171.133, cities and counties should, within constraints of applicable federal law and regulations, state law and rules and local ordinances: (1) Consider directing major public infrastructure investments, including major transportation investments, to reinforce compact urban development; and (2) Consider giving priority to investments that promote infill or redevelopment of existing urban areas to encourage the density necessary to support alternative modes of transportation. [2009 c.873 §14] Note: 197.012 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 197.013 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.013 - Implementation and enforcement are of statewide concern.

Implementation and enforcement of acknowledged comprehensive plans and land use regulations are matters of statewide concern. [1981 c.884 §7]
OR Rev Stat § 197.020 (2021)
2021 Oregon Revised Statutes|Volume : 05 - State Government, Government Procedures, Land Use|Chapter 197 - Comprehensive Land Use Planning I|Section 197.020 - Land use decision considerations.

Age, gender or physical disability shall not be an adverse consideration in making a land use decision as defined in ORS 197.015. [1987 c.555 §5; 2005 c.22 §138]