2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.818 - Wetland delineation reports; review by Department of State Lands; fees; rules.

(1) A person or governmental body requesting a permit under ORS 196.810 shall submit a wetland delineation report to the Department of State Lands for a determination of:
(a) Whether waters of this state are present on a specific land parcel;
(b) Where the boundaries of waters of this state are located on a land parcel; or
(c) Whether the waters of this state or a proposed activity in the waters of this state is subject to permit requirements.
(2) A person or governmental body must pay a nonrefundable fee of $350 to the department when submitting a wetland delineation report under subsection (1) of this section.
(3) The department shall:
(a) Review the wetland delineation report submitted under subsection (1) of this section no more than 120 days after the date on which the person or governmental body submits the report; and
(b) Give priority to the review of a wetland delineation report that is submitted with or in advance of an application for a permit required under ORS 196.810 if the permit would authorize activities on the land parcel that is the subject of the wetland delineation report.
(4) All determinations made by the department under subsection (1)(a) and (b) of this section:
(a) Must be made by a person with expertise in wetlands hydrology, soil and vegetation; and
(b) Expire five years after the date on which a final determination is made.
(5) Five years after the date on which a final determination has been made under subsection (1)(a) or (b) of this section, if the owner of the land parcel that is the subject of the determination is conducting activities that require a permit under ORS 196.810, the landowner shall conduct a review of the land parcel. If the baseline conditions leading to the final determination have sufficiently changed to require a new determination, then the landowner shall submit a new wetland delineation report under subsection (1) of this section. If the baseline conditions leading to the final determination have not sufficiently changed to require a new determination, then the final determination of the department, notwithstanding subsection (4)(b) of this section, may be extended by five years.
(6) The department may waive or suspend the requirements of this section for the purpose of issuing an emergency authorization under ORS 196.810.
(7) The fee described in subsection (2) of this section is in addition to any permit application fee required under ORS 196.815. A person or governmental body submitting a revised report to replace a previously rejected report must pay an additional nonrefundable fee of $100.
(8) Delineations made pursuant to this section, and determinations made under this section, must comport with:
(a) The United States Army Corps of Engineers Wetlands Delineation Manual of 1987; and
(b) Any subsequent federal supplements to the manual or applicable guidance documents issued by the United States Army Corps of Engineers, including guidance documents for the area in which a delineation will take place, as adopted by rule of the Director of the Department of State Lands. Such rules must comply with those federal supplements and guidance documents.
(9) The director shall issue an order revising the fee specified in subsection (2) of this section on January 1 of each year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. The director shall round the amount to the nearest dollar. The revised fee shall take effect January 1 and apply for that calendar year.
(10) Fees received under this section shall be credited to the Common School Fund for use by the department in administration of ORS 196.600 to 196.921. [2007 c.850 §2; 2012 c.108 §5; 2019 c.57 §10]
Note:
The amendments to 196.818 by section 9, chapter 403, Oregon Laws 2023, become operative on the earlier of the effective date of rules first adopted by the Director of the Department of State Lands under 196.806 or January 1, 2026. See section 15, chapter 403, Oregon Laws 2023. The text set forth below is operative on and after the earlier of the effective date of the rules adopted by the Director of the Department of State Lands or January 1, 2026.
(1) A person or governmental body requesting a permit under ORS 196.810 shall submit a wetland delineation report to the Department of State Lands for a determination of:
(a) Whether waters of this state are present on a specific land parcel;
(b) Where the boundaries of waters of this state are located on a land parcel; or
(c) Whether the waters of this state or a proposed activity in the waters of this state is subject to permit requirements.
(2) A person or governmental body must pay a nonrefundable fee to the department, as provided in rules adopted by the Director of the Department of State Lands under ORS 196.806, when submitting a wetland delineation report under subsection (1) of this section.
(3) The department shall:
(a) Review the wetland delineation report submitted under subsection (1) of this section no more than 120 days after the date on which the person or governmental body submits the report; and
(b) Give priority to the review of a wetland delineation report that is submitted with or in advance of an application for a permit required under ORS 196.810 if the permit would authorize activities on the land parcel that is the subject of the wetland delineation report.
(4) All determinations made by the department under subsection (1)(a) and (b) of this section:
(a) Must be made by a person with expertise in wetlands hydrology, soil and vegetation; and
(b) Expire five years after the date on which a final determination is made.
(5) Five years after the date on which a final determination has been made under subsection (1)(a) or (b) of this section, if the owner of the land parcel that is the subject of the determination is conducting activities that require a permit under ORS 196.810, the landowner shall conduct a review of the land parcel. If the baseline conditions leading to the final determination have sufficiently changed to require a new determination, then the landowner shall submit a new wetland delineation report under subsection (1) of this section. If the baseline conditions leading to the final determination have not sufficiently changed to require a new determination, then the final determination of the department, notwithstanding subsection (4)(b) of this section, may be extended by five years, after payment of the applicable fee established by the director by rule under ORS 196.806.
(6) The department may waive or suspend the requirements of this section for the purpose of issuing an emergency authorization under ORS 196.810.
(7) Delineations made pursuant to this section, and determinations made under this section, must comport with:
(a) The United States Army Corps of Engineers Wetlands Delineation Manual of 1987; and
(b) Any subsequent federal supplements to the manual or applicable guidance documents issued by the United States Army Corps of Engineers, including guidance documents for the area in which a delineation will take place, as adopted by rule of the Director of the Department of State Lands. Such rules must comply with those federal supplements and guidance documents.
(8) Fees received under this section shall be credited to the Common School Fund for use by the department in administration of ORS 196.600 to 196.921.