reglab/housing_qa huggingface dataset:
OR Rev Stat § 196.640 (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 196.640 - Oregon Removal-Fill Mitigation Fund; rules.

(1) The Oregon Removal-Fill Mitigation Fund is established, separate and distinct from the General Fund. All moneys received under ORS 196.645 shall be paid into the State Treasury and credited to the Oregon Removal-Fill Mitigation Fund. All moneys in the fund are appropriated continuously to the Department of State Lands to be used by the department as set forth in ORS 196.650. The moneys in the fund may be invested and reinvested as provided in ORS 293.701 to 293.857. Interest earned by the fund shall be credited to the fund. (2) The department shall keep a record of all moneys deposited in the fund. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged. (3) The department shall publish annually the record of moneys deposited in and removed from the fund. (4) The department may adopt rules for prioritizing expenditures from the fund for the purposes specified in ORS 196.650. [Formerly 541.577; 2003 c.738 §10; 2009 c.343 §9]
OR Rev Stat § 196.643 (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 196.643 - Payments to comply with permit condition, authorization or resolution of violation; report; rules.

(1) A person who provides off-site compensatory mitigation in order to comply with a condition imposed on a permit in accordance with ORS 196.825 (5), an authorization issued in accordance with ORS 196.800 to 196.921 or a resolution of a violation of ORS 196.800 to 196.921 may make a payment for credits to an approved mitigation bank with available credits or to the Oregon Removal-Fill Mitigation Fund. (2) Any payments for off-site compensatory mitigation made to the Oregon Removal-Fill Mitigation Fund under subsection (1) of this section must be sufficient to cover the costs and expenses of land acquisition, project design and engineering, construction, planting, monitoring, maintenance, long-term management and protection activities, administration and other costs and expenses related to the off-site compensatory mitigation, which may vary depending on the region of this state where the off-site compensatory mitigation is conducted, and shall be calculated by the Department of State Lands as follows: (a) If the off-site compensatory mitigation project and project costs and expenses are identified at the time of payment to the Oregon Removal-Fill Mitigation Fund, the department shall calculate the payment based on the actual costs and expenses of the off-site compensatory mitigation. (b) If the off-site compensatory mitigation project and project costs and expenses are not identified at the time of payment to the Oregon Removal-Fill Mitigation Fund, the department shall calculate the payment based on the estimate of costs and expenses for off-site compensatory mitigation, as set forth in rules adopted by the department, for the region of this state where the department, to the greatest extent practicable, determines the off-site compensatory mitigation may be conducted. (3) No later than December 1 of each year, the Director of the Department of State Lands shall submit to the Legislative Assembly and the State Land Board a detailed report that specifies: (a) The costs and expenses related to off-site compensatory mitigation, including variations and trends in costs and expenses over time. (b) Efforts undertaken by the department to reduce the costs and expenses specified in paragraph (a) of this subsection. (c) Efforts undertaken by the department to improve efficiencies of the department related to off-site compensatory mitigation. (d) The effectiveness of the July 2010 "Oregon Rapid Wetland Assessment Protocol" of the department in protecting the functions and values of wetlands through off-site compensatory mitigation. [2003 c.738 §22; 2007 c.849 §11; 2009 c.343 §10; 2011 c.370 §3; 2013 c.257 §1; 2015 c.343 §1; 2019 c.652 §3]
OR Rev Stat § 196.645 (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 196.645 - Sources of fund.

The following moneys shall be paid into the Oregon Removal-Fill Mitigation Fund: (1) Any moneys appropriated for that purpose by the Legislative Assembly; (2) Moneys received from conditions imposed on a permit, authorizations or resolutions of violations, except civil penalties, involving compensatory mitigation in which the Department of State Lands is the party responsible for the compensatory mitigation; (3) Moneys awarded for such purposes as specifically stipulated under grants through the federal Emergency Wetlands Resources Act of 1986, P.L. 99-645, or the federal Coastal Zone Management Act of 1972, 16 U.S.C. 1451 et seq., as amended; (4) Moneys obtained by gift, bequest, donation or grant from any other public or private source for the purposes of ORS 196.600 to 196.655 or 196.800 to 196.921; (5) Repayment of moneys from the fund, including interest on such moneys; and (6) Moneys obtained from interest or other earnings from investments of moneys in the fund. [Formerly 541.580; 1999 c.59 §50; 2003 c.738 §11; 2009 c.343 §11]
OR Rev Stat § 196.650 (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 196.650 - Use of fund.

The Department of State Lands may use the moneys in the Oregon Removal-Fill Mitigation Fund for the following purposes: (1) For the voluntary acquisition of land or interests therein suitable for use in mitigation banks. (2) To pay for specific projects to create, restore, enhance or preserve water resources of this state for purposes of carrying out the provisions of ORS 196.600 to 196.921. Moneys deposited in the fund for impacts to the waters of this state may be used only for projects that create, restore, enhance or preserve water resources of this state. (3) For the implementation of long-term protection measures related to projects that create, restore, enhance or preserve water resources of this state. (4) For purchase of credits from approved mitigation banks. (5) For payment of administrative, research or scientific monitoring expenses of the department in carrying out the provisions of ORS 196.600 to 196.655. (6) For the disbursal of funds received under the federal Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.), for such purposes as specifically stipulated in a grant award. (7) For the disbursal of funds received under the federal Emergency Wetlands Resources Act of 1986, P.L. 99-645, for the voluntary acquisition of wetlands and interests therein as identified in the wetlands provisions of the Statewide Comprehensive Outdoor Recreation Plan. [Formerly 541.585; 1993 c.18 §37; 2003 c.738 §12; 2009 c.343 §12]
OR Rev Stat § 196.655 (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 196.655 - Report on Oregon Removal-Fill Mitigation Fund; contents.

As part of the report to the State Land Board required under ORS 196.885, the Director of the Department of State Lands shall prepare an annual report on the Oregon Removal-Fill Mitigation Fund. The report shall include, but need not be limited to: (1) The financial status of the fund; (2) Creation, restoration, enhancement or preservation activities and credits sold, granted or otherwise disposed of or remaining in mitigation banks established under ORS 196.600 to 196.655; (3) Portions of the waters of this state, including but not limited to wetlands, acquired with moneys in the fund; (4) Compensatory mitigation projects financed with moneys in the fund; and (5) For each mitigation bank, a summary of activities, including but not limited to: (a) A description of the location, size, number of potential credits and credits withdrawn for each specific permit action; and (b) The status of all mitigation bank activities pending or completed during the past year. [Formerly 541.587; 2003 c.738 §13; 2009 c.343 §13]
OR Rev Stat § 196.660 (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 196.660 - Effect of ORS 196.600 to 196.655.

ORS 196.600 to 196.655 are intended to be supplementary to, and are not intended to abrogate, any state or federal law relating to the waters of this state. [Formerly 541.590; 1999 c.59 §51; 2009 c.343 §14]
OR Rev Stat § 196.665 (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 196.665 - Short title.

ORS 196.600 to 196.655 may be cited as the "Oregon Removal-Fill Mitigation Fund Act." [Formerly 541.595; 2009 c.343 §15]
OR Rev Stat § 196.668 (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 196.668 - Legislative findings.

The Legislative Assembly finds that: (1) Wetlands provide a natural means of flood and storm damage protection through the absorption and storage of water during high runoff periods, thereby reducing flood crests and preventing loss of life and property; (2) Wetlands provide essential breeding, spawning, rearing, feeding, nesting and wintering habitats for a major portion of this state’s fish and wildlife; (3) Wetlands provide essential habitat for waterfowl using the Pacific Flyway and for the rearing of salmon and other anadromous and resident fish; (4) Wetlands act as accumulation areas for sediments which retain nutrients and other pollutants that may prevent entry of the pollutants into other waterways; (5) Wetlands provide a valuable public service of maintaining clean water by retaining nutrients, metals and toxic materials from the water to protect water quality; (6) Wetlands provide significant opportunities for environmental and ecological research, public recreation and education and provide scenic diversity and aesthetic value as open space and areas of visual enjoyment; (7) Much of this state’s original wetlands have been diked, drained, filled, dredged, ditched or otherwise altered; (8) There is continuing development pressure on wetlands in Oregon; (9) There are often conflicts between wetland protection and other resource values and uses; (10) Uncoordinated regulation of wetlands by local, state and federal agencies can cause confusion, frustration and unreasonable delay and uncertainty for the general public; and (11) Wetland management is a matter of this state’s concern since benefits and impacts related to wetland resources can be international, national, regional and statewide in scope. [1989 c.837 §2]
OR Rev Stat § 196.670 (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 196.670

[Formerly 541.605; renumbered 196.800 in 1989]
OR Rev Stat § 196.672 (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 196.672 - Policy.

In addition to the policy described in ORS 196.805, it is the policy of the State of Oregon to: (1) Promote the protection, conservation and best use of wetland resources, their functions and values through the integration and close coordination of statewide planning goals, local comprehensive plans and state and federal regulatory programs. (2) Use a single definition of "wetlands" for the purposes of ORS 196.800 to 196.921 and statewide planning goals and a single, uniform methodology of delineating wetland boundaries. (3) Develop a statewide inventory of wetlands based on uniform identification standards and criteria at a scale practicable for planning and regulatory purposes, and to make such inventory available to state agencies and local governments to facilitate better management of wetland resources and closer coordination of local, state and federal wetland programs. (4) Maintain a stable resource base of wetlands through the mitigation of losses of wetland resources and the adoption of the procedural mitigation standard currently used by federal agencies. (5) Establish the opportunity to increase wetland resources by encouraging wetland restoration and creation where appropriate. (6) Reduce the delays and uncertainty which can occur in the current wetland planning and regulatory framework through improved coordination of the provisions in ORS 196.800 to 196.921 with local land use planning and regulation and by providing mechanisms for expedited permit review consistent with the protection and conservation of wetland resources. (7) Continue to meet the requirements of federal law in the protection and management of wetland resources, while asserting the interests of this state, in concert with those of local governments in urging the federal resource and regulatory agencies to develop a uniform wetland policy and more consistent, cohesive standards to implement the Federal Water Pollution Control Act (33 U.S.C. 1344). (8) Develop and provide information to the general public concerning the functions, values and distribution of wetlands of this state to raise public awareness of these resources. (9) Promote the protection of wetland values on private lands by developing and using public recognition programs, incentives and other nonregulatory actions. (10) Encourage wetlands as an interim use of mining and construction sites on lands that were not originally wetlands and are designated for other than wetland purposes in an acknowledged comprehensive plan, while insuring that interim wetland use does not limit the future use of such sites for mining and construction. [1989 c.837 §3]
OR Rev Stat § 196.674 (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 196.674 - Statewide Wetlands Inventory; rules.

(1) The Department of State Lands shall compile and maintain a comprehensive Statewide Wetlands Inventory. (2) In compiling the Statewide Wetlands Inventory, the department shall develop, by rule, a system for uniform wetland identification, delineation and comprehensive mapping. Initial inventories shall be based upon the National Wetlands Inventory prepared by the United States Department of the Interior, Fish and Wildlife Service. The Department of State Lands shall consult with the public, local governments and affected state and federal agencies concerning the accuracy of the inventory. (3) The Department of State Lands shall revise the inventory maps as new or more complete information becomes available. (4) The Department of State Lands shall provide each city and county planning office with copies of the Statewide Wetlands Inventory covering the local jurisdiction. (5) The Department of State Lands shall provide each state agency with a copy of the inventory upon request. (6) Copies of the Statewide Wetlands Inventory shall be made available to the general public, through the Department of State Lands, upon payment of a fee to offset administrative and reproduction costs. (7) A wetland inventory developed by another party may be utilized by the Department of State Lands if it is consistent with standards adopted pursuant to this section, after consulting with the affected local government, and is reviewed and approved by the Department of State Lands as complying with the standards adopted pursuant to subsection (2) of this section. (8) Nothing in this section shall restrict the regulatory jurisdiction of the Department of State Lands under ORS 196.800 to 196.921. (9) In compiling and updating the Statewide Wetlands Inventory, the Department of State Lands shall identify opportunities for wetland creation, restoration and enhancement when the information is available. [1989 c.837 §6; 2003 c.253 §6]
OR Rev Stat § 196.675 (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 196.675

[Formerly 541.610; renumbered 196.805 in 1989]
OR Rev Stat § 196.676 (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 196.676 - Response to notices from local governments.

The Department of State Lands shall respond to the notice received from local governments pursuant to ORS 215.418 (1) and 227.350 (1) within 30 days of receipt of the notice. The response shall state whether a permit is or in the future will be required or whether a permit has been issued by the department for the activity which is subject to notice. [1989 c.837 §7]
OR Rev Stat § 196.678 (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 196.678 - Wetland conservation plans; contents; procedure for adopting.

(1) Any city or county may develop and submit to the Department of State Lands a wetland conservation plan for review pursuant to the provisions of ORS 196.678 to 196.684. (2) A wetland conservation plan shall include the following elements: (a) A description and maps of the area to be covered by the plan; (b) A detailed inventory of the wetlands, identifying the location, quality and quantity of the wetland resource and the source of the water for the wetlands within the area covered by the plan; (c) An assessment of wetland functions and values, including an historical analysis of wetland degradation, alterations and losses; (d) Designation of wetland areas for protection, conservation or development. Wetlands within areas designated for development shall be delineated to determine regulatory boundaries; (e) A mitigation plan, including a program for replacement of planned wetland losses and restoration of lost functions and values through creation of new wetlands or enhancement of existing wetland areas which designates specific sites within the plan area and actions for restoration and enhancement; (f) Policies and implementing measures establishing protection, conservation and best use of the wetlands in the plan area; (g) Specification of sites for fill or removal, or both, and the conditions and procedures under which fill or removal, or both, may occur; (h) Monitoring provisions that insure the wetland mitigation measures are implemented and mitigation goals are achieved; (i) Identification of public uses of the wetlands and waters and conflicting planned uses; and (j) Specification of buffer areas and uses allowed on lands which are adjacent to wetlands and which are necessary to maintain, protect or restore wetland functions and values. (3) The proposed wetland conservation plan shall be adopted by the affected local government according to the procedures set forth in ORS 197.610 to 197.625. [1989 c.837 §10]
OR Rev Stat § 196.680 (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 196.680

[Formerly 541.615; renumbered 196.810 in 1989]
OR Rev Stat § 196.682 (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 196.682 - Permits required for removal or fill; conditions on issuance of permit.

(1) Except where otherwise provided by the order approving the plan, individual permit applications shall be required for removal or fill, or both, in areas subject to an approved wetland conservation plan. If individual permit applications are to be reviewed under the authority of the Director of the Department of State Lands, then application fees and review procedures shall be in accordance with ORS 196.815, 196.825 and 196.835. In lieu of the substantive standards for permit issuance in ORS 196.825 (3), the Department of State Lands shall issue a permit if the removal or fill, or both, is consistent with the wetland conservation plan or can be conditioned to be consistent with the plan. The department shall condition any such permit as necessary to ensure that the project: (a) Is properly designed or configured to minimize the need for alterations to waters of this state; (b) Is the minimum size necessary to reasonably provide for the proposed use; (c) Complies with applicable provisions of the acknowledged comprehensive plan and land use regulations for the area; (d) Is designed to minimize impacts from implementing the project; and (e) Is conditioned to ensure wetland creation, restoration, enhancement or preservation measures are implemented to fully replace impacted resources. (2) In any order approving a plan that authorizes any fill or removal or both, without the necessity of subsequently obtaining an individual permit, the director shall condition such approval as necessary to ensure that the project complies with the conditions of subsection (1) of this section and clearly delineates the wetland area in which fill or removal, or both, is to occur. [1989 c.837 §12; 2007 c.849 §12; 2009 c.343 §16; 2011 c.370 §4]
OR Rev Stat § 196.685 (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 196.685

[Formerly 541.620; renumbered 196.815 in 1989]
OR Rev Stat § 196.687 (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 196.687 - Regulation of alteration or fill of artificially created wetlands.

(1) Notwithstanding the provisions of ORS 196.600 to 196.921, state or local governments shall not prohibit or restrict the alteration or fill of wetland areas up to one acre in size that have been artificially created from upland for the purpose of controlling, storing or maintaining storm water. (2) An area that was developed as a storm water detention or retention facility as a condition of a development approval shall not be altered or filled without acceptance by the approving authority of a plan to mitigate the loss of functional capabilities of the detention or retention facility. (3) Until a local government adopts an ordinance to conform its comprehensive plan and land use regulations to the provisions of this section, the provisions of subsection (1) of this section shall apply directly to proposed activities in wetland areas. Any portion of a goal, rule, comprehensive plan, land use regulation or ordinance not in conformance with the provisions of this section on September 9, 1995: (a) Shall not be implemented or enforced; and (b) Has no legal effect. (4) The provisions of this section do not apply to land used to mitigate the loss of wetlands. (5) If the Department of State Lands assumes responsibility under 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act, ORS 196.600 to 196.921 shall apply to artificially created wetlands described in subsections (1) and (2) of this section. [1995 c.482 §1] Note: 196.687 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.