reglab/housing_qa huggingface dataset:
OR Rev Stat § 196.688 (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 196.688 - Public information program.

(1) The Department of State Lands shall develop a public information program to educate permit applicants and the general public about: (a) Wetland functions and values. (b) The status and trends of Oregon’s wetlands. (c) The Statewide Wetlands Inventory. (d) Wetland regulation. (2) Upon request, the department shall, within the limits of staffing ability, provide technical assistance to other state agencies and local governments and the public in identifying and delineating the boundaries of wetlands. [1989 c.837 §20]
OR Rev Stat § 196.690 (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 196.690

[Formerly 541.622; renumbered 196.820 in 1989]
OR Rev Stat § 196.692 (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 196.692 - Rules.

(1) The Department of State Lands shall adopt rules to carry out the provisions of ORS 196.668 to 196.692, 196.800, 196.810, 196.818, 196.825, 196.830, 196.850 to 196.860, 196.885, 196.921, 197.015, 197.279, 215.213, 215.283, 215.284, 215.418 and 227.350. (2) Rules adopted pursuant to subsection (1) of this section shall include rules governing the application for and issuance of permits to remove material from the beds or banks of any waters of this state or to fill any waters of this state including, but not limited to, clear and objective standards and criteria for determining whether to grant or deny a permit. [1989 c.837 §32; 2001 c.460 §1; 2007 c.850 §4]
OR Rev Stat § 196.695 (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 196.695

[Formerly 541.625; renumbered 196.825 in 1989]
OR Rev Stat § 196.700 (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 196.700

[Formerly 541.626; renumbered 196.830 in 1989]
OR Rev Stat § 196.705 (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 196.705

[Formerly 541.627; renumbered 196.835 in 1989]
OR Rev Stat § 196.710 (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 196.710

[Formerly 541.630; renumbered 196.840 in 1989]
OR Rev Stat § 196.715 (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 196.715

[Formerly 541.635; renumbered 196.845 in 1989]
OR Rev Stat § 196.718 (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 196.718

[Enacted in lieu of 541.640; renumbered 196.850 in 1989]
OR Rev Stat § 196.720 (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 196.720

[Formerly 541.645; renumbered 196.855 in 1989]
OR Rev Stat § 196.725 (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 196.725

[Formerly 541.650; renumbered 196.860 in 1989]
OR Rev Stat § 196.730 (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 196.730

[Formerly 541.655; renumbered 196.865 in 1989]
OR Rev Stat § 196.735 (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 196.735

[Formerly 541.660; renumbered 196.870 in 1989]
OR Rev Stat § 196.740 (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 196.740

[Formerly 541.662; renumbered 196.875 in 1989]
OR Rev Stat § 196.745 (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 196.745

[Formerly 541.665; renumbered 196.880 in 1989]
OR Rev Stat § 196.750 (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 196.750

[Formerly 541.670; renumbered 196.885 in 1989]
OR Rev Stat § 196.755 (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 196.755

[Formerly 541.675; renumbered 196.890 in 1989]
OR Rev Stat § 196.760 (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 196.760

[Formerly 541.680; renumbered 196.895 in 1989]
OR Rev Stat § 196.765 (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 196.765

[Formerly 541.685; renumbered 196.900 in 1989]
OR Rev Stat § 196.770 (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 196.770

[Formerly 541.695; renumbered 196.905 in 1989] REMOVAL OF MATERIAL; FILLING Note: Section 2, chapter 45, Oregon Laws 1989, provides: Sec. 2. Provision relating to fills depending on EPA approval. (1) Notwithstanding any other provision of ORS 541.605 to 541.685 [renumbered 196.800 to 196.900 in 1989]: (a) As used in ORS 541.605 to 541.685 [renumbered 196.800 to 196.900 in 1989], "fill" means the deposit by artificial means of material in any waters of this state. (b) In the manner provided by ORS 541.640 [196.850], the director may provide a general exception from the application of ORS 541.605 to 541.685 [renumbered 196.800 to 196.900 in 1989] for fills that involve less than 50 cubic yards of material and will not result in substantial harm to the water resources of this state. (2) This section does not become operative until the federal Environmental Protection Agency grants authority to the Department of State Lands to administer permits for the discharge of dredged or fill material under Section 404 of the Federal Water Pollution Control Act (P.L. 92-500, as amended). [1989 c.45 §2] Note: See second note under 196.800.
OR Rev Stat § 196.795 (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 196.795 - Streamlining process for administering state removal or fill permits; application for state program general permit; periodic reports to legislative committee.

(1) The Department of State Lands shall continue to pursue methods to streamline the process for administering permits for the removal of material from the bed or banks of any waters of this state or for filling the waters of this state, reducing paperwork, eliminating duplication, increasing certainty and timeliness and enhancing resource protection. The efforts of the Department of State Lands shall include but need not be limited to applying to the United States Army Corps of Engineers for a state program general permit as authorized in federal regulations implementing section 404 of the Federal Water Pollution Control Act, and section 10 of the Rivers and Harbors Act of 1899, as amended. In conjunction with these activities, the Department of State Lands may continue to investigate the possibility of assuming the federal regulatory program under 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act. (2) The department shall report periodically to the appropriate legislative committee on the progress in implementing subsection (1) of this section. [1995 c.474 §1; 1997 c.116 §1; 1999 c.59 §53; 2007 c.354 §2] Note: 196.795 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 § 196.805 (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 196.805 - Policy.

(1) The protection, conservation and best use of the water resources of this state are matters of the utmost public concern. Streams, lakes, bays, estuaries and other bodies of water in this state, including not only water and materials for domestic, agricultural and industrial use but also habitats and spawning areas for fish, avenues for transportation and sites for commerce and public recreation, are vital to the economy and well-being of this state and its people. Unregulated removal of material from the beds and banks of the waters of this state may create hazards to the health, safety and welfare of the people of this state. Unregulated filling in the waters of this state for any purpose, may result in interfering with or injuring public navigation, fishery and recreational uses of the waters. In order to provide for the best possible use of the water resources of this state, it is desirable to centralize authority in the Director of the Department of State Lands, and implement control of the removal of material from the beds and banks or filling of the waters of this state. (2) The director shall take into consideration all beneficial uses of water including streambank protection when administering fill and removal statutes. (3) There shall be no condemnation, inverse condemnation, other taking, or confiscating of property under ORS 196.600 to 196.921 without due process of law. [Formerly 541.610 and then 196.675; 2003 c.738 §16; 2012 c.108 §7]
OR Rev Stat § 196.812 (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 196.812 - Large woody debris; rules.

The provisions of ORS 196.600 to 196.921 do not affect the removal of large woody debris if the large woody debris: (1) Poses a direct and demonstrable danger to livestock, human life or real property; (2) Poses a risk of harm to transportation facilities including, but not limited to, culverts, bridges and roads located near or within the beds or banks of any waters of this state; (3) Prevents or obstructs navigation within the beds or banks of any waters of this state; or (4) Meets conditions for the removal of large woody debris as specified in rules of the Director of the Department of State Lands. [2013 c.198 §5] Note: 196.812 was added to and made a part of 196.600 to 196.921 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 196.816 (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 196.816 - General permits allowing removal of certain amount of material for maintaining drainage; rules; waiver of fees.

(1) As used in this section, "traditionally maintained channel" has the meaning given that term in ORS 196.909. (2) Notwithstanding ORS 196.810, the Department of State Lands may establish by rule a general permit that allows the removal of no more than 100 cubic yards of material from waters of this state, including in essential indigenous anadromous salmonid habitat, for the purpose of maintaining drainage and protecting agricultural land. (3) Notwithstanding ORS 196.810, the department shall establish by rule one or more general permits that allow the removal of material from waters of this state, including in essential indigenous anadromous salmonid habitat, to conduct maintenance of traditionally maintained channels during channel conditions where flowing or standing water is present. The general permits must require the maintenance to be conducted in a manner that protects, maintains or improves existing agricultural and ecological functions of the channels, including the life history functions of fish and wildlife that inhabit the channels. In establishing a general permit under this subsection, the department shall utilize best available science and shall consult with the State Department of Agriculture, the State Department of Fish and Wildlife, other relevant state or federal agencies and representatives of agricultural interests and conservation interests. (4) The Department of State Lands may waive the fees specified in ORS 196.815 for removal taking place under the provisions of this section. [2011 c.713 §7; 2019 c.699 §9]
OR Rev Stat § 196.817 (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 196.817 - General permits; rules.

(1)(a) Notwithstanding ORS 196.810, the Department of State Lands may establish a removal or fill general permit: (A) By rule for processing applications on a statewide or geographic basis; or (B) By order for an applicant or group of applicants to cover activities that are substantially similar in nature, are recurring or ongoing, and have predictable effects and outcomes. (b) The department must find that the project is in compliance with the review standards set forth in ORS 196.600 to 196.921 and would not result in long-term harm to water resources of this state. (c) The department shall condition any such general permit upon actions necessary to minimize environmental effects. (2)(a) Any person proposing to conduct an action under a general permit specified in subsection (1)(a)(A) of this section shall apply to the department in accordance with procedures set forth by the department by rule. (b) Any person proposing to conduct an action under a general permit specified in subsection (1)(a)(B) of this section shall apply to the department in accordance with procedures set forth by the department by order. (3) The department shall amend or rescind any general permit upon a determination that the activities conducted under the permit have resulted in or would result in unacceptable individual or cumulative environmental effects or long-term harm to the water resources of this state. (4) Any person proposing to conduct an action under a general permit shall pay the applicable fee required under ORS 196.815 for individual permit applications. [2007 c.849 §9; 2011 c.559 §1]
OR Rev Stat § 196.820 (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 196.820 - Prohibition against issuance of permits to fill Smith Lake or Bybee Lake; exception.

(1) Notwithstanding any provision of ORS 196.600 to 196.921 to the contrary, except as provided in subsection (2) of this section, the Director of the Department of State Lands shall not issue any permit to fill Smith Lake or Bybee Lake, located in Multnomah County, below the contour line which lies 11 feet above mean sea level as determined by the 1947 adjusted United States Coastal Geodetic Survey Datum. (2) The Director of the Department of State Lands may issue a permit to fill Smith Lake or Bybee Lake, located in Multnomah County, if such fill is to enhance or maintain fish and wildlife habitat or support recreational use or public access at or near Smith Lake or Bybee Lake. A fill shall be considered to be for the purpose of enhancing or maintaining fish and wildlife habitat if the proposed fill is approved by the State Department of Fish and Wildlife. [Formerly 541.622 and then 196.690; 2016 c.84 §9]
OR Rev Stat § 196.835 (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 196.835 - Hearing regarding issuance of permit; procedure; appeals; suspension of permit pending appeal.

Any person aggrieved or adversely affected by the grant of a permit by the Director of the Department of State Lands may file a written request for hearing with the director within 21 days after the date the permit was granted. If the director finds that the person making the written request has a legally protected interest which is adversely affected by the grant of the permit, the director shall set the matter down for hearing within 30 days after receipt of the request. The hearing shall be conducted as a contested case in accordance with ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. The permittee shall be a party to the proceeding. Within 45 days of the hearing the director shall enter an order containing findings of fact and conclusions of law. The order shall rescind, affirm or modify the director’s original order. Appeals from the director’s final order may be taken to the Court of Appeals in the manner provided by ORS 183.482. A permit to fill granted by the director may be suspended by the director during the pendency of the proceedings before the director and any appeal. The director shall not suspend the permit unless the person aggrieved or adversely affected by grant of permit makes a showing before the director by clear and convincing evidence that commencement or continuation of the fill would cause irremediable damage and would be inconsistent with ORS 196.600 to 196.921. [Formerly 541.627 and then 196.705; 2003 c.738 §19]
OR Rev Stat § 196.845 (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 196.845 - Investigations and surveys.

In considering applications for permits, the Director of the Department of State Lands may cause investigations or surveys to be made of the location of the work contemplated to determine whether such removal or filling is consistent with ORS 196.805 and 196.825. [Formerly 541.635 and then 196.715]
OR Rev Stat § 196.855 (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 196.855 - Noncomplying removal of material or filling as public nuisance.

The removal of material from the beds or banks or filling any of the waters of this state without a permit issued under ORS 196.825, or in a manner contrary to the conditions set out in the permit, or in a manner contrary to the conditions set out in an order approving a wetland conservation plan, is a public nuisance. [Formerly 541.645 and then 196.720; 2007 c.71 §65]
OR Rev Stat § 196.865 (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 196.865 - Revocation, suspension or refusal to renew permit.

If the Director of the Department of State Lands finds that a person holding a permit issued under ORS 196.825 is removing material from the bed or banks or filling any of the waters of this state contrary to the conditions set out in the permit, the director may revoke, suspend or refuse to renew such permit. The director may revoke a permit only after giving notice and opportunity for a hearing as provided in ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. [Formerly 541.655 and then 196.730; 2007 c.849 §17]
OR Rev Stat § 196.870 (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 196.870 - Abatement proceedings; restraining order; injunction; public compensation.

(1) In addition to any enforcement action taken under ORS 196.860, civil proceedings to abate alleged public nuisances under ORS 196.855 may be instituted at law or in equity, in the name of the State of Oregon, upon relation of the Director of the Department of State Lands or by any person in the person’s name. (2) Before beginning any action under subsection (1) of this section, a person other than the director shall provide 60 days notice to the director of the intended action. A person other than the director may not begin an action under subsection (1) of this section if the director has commenced and is diligently prosecuting civil, criminal or administrative proceedings in the same matter. (3) The director may institute an action in the name of the State of Oregon for a temporary restraining order or preliminary injunction if a threatened or existing nuisance under ORS 196.855 creates an emergency that requires immediate action to protect the public health, safety or welfare. The director shall not be required to furnish a bond in such proceeding. (4) The State Land Board, the Director of the Department of State Lands and the employees or duly authorized representatives of the Department of State Lands shall not be liable for any damages a defendant may sustain as a result of an injunction, restraining order or abatement order issued under this section. (5) A case filed under this section shall be given preference on the docket over all other civil cases except those given an equal preference by statute. (6) In any action brought under this section, the plaintiff may seek and the court may award 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 an existing public nuisance under ORS 196.855. Any money received by the plaintiff under this subsection shall be deposited in the Common School Fund. [Formerly 541.660 and then 196.735]