2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.850 - Waiving permit requirement in certain cases; rules; notice; review; fees; disposition of fees.

(1) Notwithstanding ORS 196.810, the Department of State Lands may, by rule, grant general authorization for removal of material from the bed or banks of any waters of this state or the filling of any waters of this state without a permit from the department if the department finds that the activities subject to the general authorization:
(a) Are substantially similar in nature;
(b) Would cause only minimal individual and cumulative environmental impacts; and
(c) Would not result in long-term harm to water resources of the state.
(2) A general authorization may be granted on a statewide or other geographic basis.
(3) The department shall condition any general authorization upon actions necessary to minimize environmental impacts.
(4) The department shall provide notice of any proposed general authorization to affected federal and state agencies, local governments, tribal governments and the public. The notice shall include:
(a) A clear description of the proposal; and
(b) Draft findings and any proposed conditions pursuant to this section.
(5) Any person proposing to conduct an action under a general authorization shall:
(a) Notify the department in writing prior to conducting the action.
(b) Pay the applicable fee to the department as determined under subsection (9) of this section.
(6) The department shall amend or rescind any general authorization upon a determination that the activities conducted under the authorization have resulted in or would result in more than minimal environmental impacts or long-term harm to the water resources of this state.
(7) The department shall review each general authorization adopted pursuant to this section every five years. The review shall include public notice and opportunity for public hearing. After the review, the department may either modify, reissue or rescind the general authorization.
(8) In addition to the grounds for review set forth in ORS 183.400 (4), on judicial review of the validity of a rule adopted under this section, the rule shall be reviewable for substantial evidence in the rulemaking record. The record shall include copies of all documents before the agency relevant to the findings required by subsection (1) of this section.
(9) If the rule adopting a general authorization under this section is:
(a) For actions that result in moving less than 50 cubic yards of material, the department may not charge a fee for the general authorization.
(b) For actions that result in moving 50 or more cubic yards of material, the department may establish a fee for the general authorization. The fee may not exceed $250 and shall be based on the cost of processing the general authorization.
(10) The department shall credit any fee collected under this section to the Common School Fund for use by the department in administration of ORS 196.600 to 196.921. [1989 c.837 §9 (enacted in lieu of 541.640); renumbered 196.850 in 1989; 2003 c.253 §11; 2007 c.849 §6]
Note 1:
The amendments to 196.850 by section 10, 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 from the earlier of the effective date of the rules adopted by the Director of the Department of State Lands or January 1, 2026, until 196.850 as set forth in Note 2 becomes operative.
(1) Notwithstanding ORS 196.810, the Department of State Lands may, by rule, grant general authorization for removal of material from the bed or banks of any waters of this state or the filling of any waters of this state without a permit from the department if the department finds that the activities subject to the general authorization:
(a) Are substantially similar in nature;
(b) Would cause only minimal individual and cumulative environmental impacts; and
(c) Would not result in long-term harm to water resources of the state.
(2) A general authorization may be granted on a statewide or other geographic basis.
(3) The department shall condition any general authorization upon actions necessary to minimize environmental impacts.
(4) The department shall provide notice of any proposed general authorization to affected federal and state agencies, local governments, tribal governments and the public. The notice shall include:
(a) A clear description of the proposal; and
(b) Draft findings and any proposed conditions pursuant to this section.
(5) Any person proposing to conduct an action under a general authorization shall:
(a) Notify the department in writing prior to conducting the action.
(b) Pay the applicable fee to the department as determined under rules adopted by the Director of the Department of State Lands under ORS 196.806.
(6) The department shall amend or rescind any general authorization upon a determination that the activities conducted under the authorization have resulted in or would result in more than minimal environmental impacts or long-term harm to the water resources of this state.
(7) The department shall review each general authorization adopted pursuant to this section every five years. The review shall include public notice and opportunity for public hearing. After the review, the department may either modify, reissue or rescind the general authorization.
(8) In addition to the grounds for review set forth in ORS 183.400 (4), on judicial review of the validity of a rule adopted under this section, the rule shall be reviewable for substantial evidence in the rulemaking record. The record shall include copies of all documents before the agency relevant to the findings required by subsection (1) of this section.
(9) The department shall credit any fee collected under this section to the Common School Fund for use by the department in administration of ORS 196.600 to 196.921.
Note 2:
Operation of the amendments to 196.850 by section 4, 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 (third note under 196.800). The text that is operative after that approval, including amendments by section 12, chapter 253, Oregon Laws 2003, section 7, chapter 849, Oregon Laws 2007, and section 11, chapter 403, Oregon Laws 2023, is set forth for the user’s convenience. (1) Notwithstanding ORS 196.810, the Department of State Lands may, by rule, grant general authorization for removal of material from the bed or banks of any waters of this state or the filling of any waters of this state without a permit from the department if the department finds that the activities subject to the general authorization:
(a) Are substantially similar in nature;
(b) Would cause only minimal individual and cumulative environmental impacts; and
(c) Would not result in long-term harm to water resources of the state.
(2) A general authorization may be granted on a statewide or other geographic basis.
(3) The department shall condition any general authorization upon actions necessary to minimize environmental impacts.
(4) The department shall provide notice of any proposed general authorization to affected federal and state agencies, local governments, tribal governments and the public. The notice shall include:
(a) A clear description of the proposal; and
(b) Draft findings and any proposed conditions pursuant to this section.
(5) Any person proposing to conduct an action under a general authorization shall:
(a) Notify the department in writing prior to conducting the action. The person may not commence the action until the person receives a letter of authorization from the department.
(b) Pay the applicable fee to the department as determined under rules adopted by the Director of the Department of State Lands under ORS 196.806.
(6) The director shall waive the requirements of subsection (5) of this section if the director issues a general authorization and the authorized activity:
(a) Involves less than 50 cubic yards of material;
(b) Will be conducted during periods that minimize adverse effects to fish and wildlife in accordance with guidance provided by the State Department of Fish and Wildlife;
(c) Will not dam or divert a waterway in a manner that obstructs fish passage or vessel navigation; and
(d) Will not violate water quality standards as established by the Department of Environmental Quality.
(7) The Department of State Lands shall amend or rescind any general authorization upon a determination that the activities conducted under the authorization have resulted in or would result in more than minimal environmental impacts or long-term harm to the water resources of this state.
(8) The department shall review each general authorization adopted pursuant to this section every five years. The review shall include public notice and opportunity for public hearing. After the review, the department may either modify, reissue or rescind the general authorization.
(9) In addition to the grounds for review set forth in ORS 183.400 (4), on judicial review of the validity of a rule adopted under this section, the rule shall be reviewable for substantial evidence in the rulemaking record. The record shall include copies of all documents before the agency relevant to the findings required by subsection (1) of this section.
(10) The department shall credit any fee collected under this section to the Common School Fund for use by the department in administration of ORS 196.600 to 196.921.