reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.808 - Taxing district to file legal description and map.

When a district is authorized to become a taxing district as provided in ORS 568.807, the governing body of the district shall file a legal description and accurate map of the district with the Department of Revenue and the county assessor. The description and map shall satisfy the requirements of ORS 308.225, and that section shall thereafter apply to the district. [1981 c.918 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.810 - Purpose of ORS 568.810 to 568.890; types of wind erosion.

(1) The purpose of ORS 568.810 to 568.890 is to effectuate the control of wind erosion by forming districts in which all land owners affected shall carry out wind erosion control measures whenever serious wind erosion conditions prevail.
(2) Two types of wind erosion conditions shall be recognized:
(a) The actual movement of soil by wind to such a degree that the topsoil is being noticeably destroyed.
(b) Conditions which will result in a noticeable movement of the topsoil by wind action.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.820 - Designation of areas by county court upon petition; description of boundaries.

(1) The county court of any county east of the summit of the Cascade Mountains may designate areas as wind erosion districts when presented with a duly certified petition adequately describing the boundaries or area included in such districts and when the petition bears the signatures of two-thirds of the landowners or qualified representatives in the described district. Five such signatures shall be a minimum requirement.
(2) Boundaries described by metes and bounds or areas described by quarter sections shall be deemed adequately described.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.830 - Publication and posting of notices describing districts; when regulations are enforced.

(1) The county court shall within 10 days after declaring a wind erosion district cause to be published an official notice adequately describing the district.
(2) Each notice shall be posted in a prominent place in the county courthouse and shall be published in one or more newspapers serving the district, for two consecutive issues if weekly or two times at an interval of one week if daily or semiweekly.
(3) Ten days after the last publication of the official notice the provisions of ORS 568.810 to 568.890 shall be enforced as set forth in ORS 568.840 to 568.890.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.840 - Election of advisory board; meetings; members; functions.

(1) Within 30 days after a wind erosion district has been designated by the county court the court shall cause to be posted in three public places in such wind erosion district a written or printed notice notifying the farm operators thereof to assemble at some designated convenient place on the 10th day after the date of notice at 10 a.m. for the purpose of electing four directors who shall be known as the advisory board, to serve until their successors are duly elected or appointed. Two members of the initial board shall be elected to serve for one year and two shall be elected to serve for two years. Vacancies in the advisory board shall be filled by appointment by the board.
(2) As soon as 20 percent or more of the farm operators of the district have assembled pursuant to such notice they shall constitute a quorum to do business. Such meeting shall organize by the election of a chairperson and secretary of the meeting and then may proceed to elect four members of the advisory board. In either January or February in each year following the initial meeting, the chairperson of the advisory board shall call an annual meeting of the farm operators of the wind erosion district. At least five days before the meeting, notice of the meeting shall be given by posting in three public places in the wind erosion district a written or printed notice notifying the farm operators thereof to assemble at some designated convenient place at the appointed time for the annual meeting. At the meeting two members of the advisory board to serve for two years shall be elected. All members of the advisory board shall be farm operators of the district in which they are elected.
(3) Within 10 days after the initial or yearly election, the advisory board shall meet and elect a chairperson and secretary from their members who shall serve until the next election. All other meetings of the advisory board shall be held as the need arises, at the call of the chairperson. Three members constitute a quorum.
(4) The functions of the advisory board are:
(a) To recommend to the county court a person or persons for the position of wind erosion inspector.
(b) To consult and advise with the inspector as to the most feasible methods of effectuating wind erosion control in the district.
(c) To act as a board of appeal when disputes arise between the wind erosion inspector and the owner or occupant of land within the district, concerning action relating to the enforcement of ORS 568.810 to 568.890. [Amended by 1959 c.278 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.850 - Wind erosion inspector; appointment; duties; appeal from decision; compensation; expenses.

(1) The county court, upon the recommendation of the advisory board, shall appoint an inspector who shall, within the wind erosion district or districts under the supervision of the inspector:
(a) Determine when serious wind erosion conditions prevail.
(b) Serve notices on landowners or occupants to effectively control wind erosion on their lands or correct conditions which may allow wind erosion to occur.
(c) When necessary, control or supervise control of wind erosion or conditions which may allow wind erosion to occur on lands where the owners or occupants thereof fail or refuse to do so.
(2) The inspector shall be the sole judge of whether serious wind erosion conditions do or do not prevail, except that appeal from the decisions of the inspector may be made to the advisory board as provided in ORS 568.840. In case of appeal to the advisory board, the inspector shall abide by a majority decision of the advisory board.
(3) The persons appointed wind erosion inspectors by the county court may receive for services reasonable wages, as determined by the county court, for the time actually employed in the performance of duty under the provisions of ORS 568.810 to 568.890 and may be reimbursed for actual expenses incurred in carrying out those provisions. All wages and expenses paid wind erosion inspectors shall be paid by the county court from funds set aside for this purpose, as provided in ORS 568.880.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.860 - Inspector may enter lands in district; service of notice on owner or occupant.

(1) The wind erosion inspector shall have access to all lands within the district or districts under the supervision of the inspector. If in the judgment of the inspector wind erosion is occurring or is likely to occur because proper control measures are not being practiced, the inspector shall serve a written notice to any such owner or occupant of such land, or where unable to serve such notice personally, shall post the same and two copies thereof in three conspicuous places on the land where the provisions of ORS 568.810 to 568.890 are not being complied with, bearing date of service on posting of same and a statement setting forth that work on the control of wind erosion must be commenced within five days; except that when serious blowing is actually occurring, four hours from the date of service is sufficient notice.
(2) A copy of the notice or notices, each showing the period of grace allowed, together with proof of service indorsed thereon, shall be filed with the county court.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.870 - County court may authorize inspector to control erosion; expenses of control.

(1) If the owner or occupant of the land fails or refuses to control wind erosion in accordance with ORS 568.810 to 568.890, the wind erosion inspector shall at once notify the county court, and the county court shall authorize the wind erosion inspector or such assistants as the inspector may employ to go upon the land and control the wind erosion, using the most effective and practical methods which will operate with the least injury to the land or the crops thereon.
(2) Verbal authorization by telephone from one or more members of the county court is sufficient authority for commencing wind erosion control work when actual wind erosion is occurring and when an official four-hour notice, as provided in ORS 568.860 has been served on the owner or occupant of the land.
(3) Upon completion of the work the wind erosion inspector shall file with the county clerk an itemized statement of the expenses necessarily incurred in the control of the wind erosion, including the inspector’s own wage, if any, verified by the oath of the inspector. When the statement is filed, the county clerk shall cause the same to be entered upon a lien docket prepared for that purpose.
(4) If such charges and expenses are not paid to the county clerk and the lien discharged by the owner or occupant of the lands within 90 days from the date the lien is docketed, the county clerk shall certify the same to the tax collector of the county, who shall extend the amount thereof upon the current tax roll, and when so extended the same shall constitute a valid lien against the premises and shall be collected by the tax collector in the same manner as taxes are collected.
(5) If within 10 days from the date of filing and docketing the lien no objections have been filed thereto, the county court shall pay the amount thereof out of the general fund of the county to the claimants.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.880 - Tax levy for wind erosion control.

The county courts of the several counties may levy a tax and create a fund for the control of wind erosion on county land within the wind erosion districts and for expenses of erosion control which cannot fairly be charged to the individual landowners. The amount estimated by the county court as being sufficient for such purposes may be placed in the county budget; and after consideration at the meeting held for the purpose of passing upon the tax levy of the electors of the county, may become one of the items for which expenditure may be made during the ensuing year.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.890 - District may be dissolved; disposition of district funds; change of district boundaries.

(1) Any wind erosion district may be enlarged, contracted or dissolved by the county court when a petition is filed bearing the signatures of two-thirds of the landowners of the district and stating the changes in the district boundaries that are desired.
(2) All such changes shall be described as provided in ORS 568.820. Any moneys remaining in any fund for the control of wind erosion shall, after the dissolution of all such districts in the county, be credited to the general fund of the county.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.900 - Definitions for ORS 568.900 to 568.933.

As used in ORS 568.900 to 568.933:
(1) "Board" means the State Board of Agriculture.
(2) "Operator" means any person, including a landowner or land occupier engaged in any commercial activity relating to the growing or harvesting of agricultural crops or the production of agricultural commodities.
(3) "Water" or "the waters of the state" has the meaning given in ORS 468B.005.
(4) "Water pollution" has the meaning given in ORS 468B.005.
(5) "Water quality management plan" or "plan" means a plan developed under ORS 568.909. [1993 c.263 §2; 1997 c.249 §184; 2009 c.11 §78]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.903 - "Landowner" defined.

Notwithstanding the definition given in ORS 568.210, as used in ORS 568.909 to 568.933 "landowner" includes any landowner, land occupier or operator. [1993 c.263 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.906 - Plan implementation to involve local agencies.

It is the intention of the Legislative Assembly that plans developed under ORS 568.900 to 568.933 involve soil and water conservation districts as local management agencies to the fullest extent practical, consistent with the timely and effective implementation of these plans. [1993 c.263 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.909 - Boundaries for land subject to water quality plans; implementation of plan and rules.

(1) The State Department of Agriculture may describe the boundaries of agricultural and rural lands that are subject to a water quality management plan:
(a) Due to a determination by the Environmental Quality Commission to establish a Total Maximum Daily Load for a body of water under the Federal Water Pollution Control Act (33 U.S.C. 1313);
(b) Due to a declaration of a ground water management area under ORS 468B.180; or
(c) When an agricultural water quality management plan is otherwise specifically required by state or federal law.
(2) For an area whose boundaries have been designated under this section, the department shall develop and carry out a water quality management plan for the prevention and control of water pollution from agricultural activities and soil erosion. The department shall base the plan and rules adopted to implement the plan upon scientific information. [1993 c.263 §3; 2001 c.594 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.912 - Management plan rules; required actions under rules; prohibiting specific practices; landowner appeals.

(1) The State Department of Agriculture in consultation with the State Board of Agriculture may adopt rules necessary to implement a water quality management plan initiated under ORS 568.909. The rules adopted under this subsection shall constitute the only enforceable aspects of a water quality management plan.
(2) Pursuant to rules adopted under subsection (1) of this section, the department may require any landowner whose land is located within an area subject to a water quality management plan to perform those actions on the landowner’s land necessary to prevent and control water pollution from agricultural activities and soil erosion. Such actions may include:
(a) Construction or maintenance of any works or facilities;
(b) Agricultural and cropping practices; or
(c) Any other measure or avoidance necessary for the prevention or control of water pollution of the waters of the state.
(3) No specific practice may be prohibited under this section unless the department has a scientific basis for concluding that the practice is a factor in causing water quality standards to be exceeded.
(4) A landowner subject to the rules adopted to implement a plan may appeal specific actions required of that landowner by the department to carry out a plan. The department shall establish by rule a procedure and criteria for the appeal process. [1993 c.263 §5; 2001 c.442 §1; 2001 c.594 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.915 - Entry upon land; purpose; consultation with Department of Justice; notice to landowners.

(1) After making a reasonable attempt to notify the landowner, the State Department of Agriculture or a designee of the department may enter any lands within the area subject to a water quality management plan for the purpose of determining:
(a) Those actions that may be required of landowners under ORS 568.900 to 568.933 or rules adopted under ORS 568.912; and
(b) Whether the landowner is carrying out the required actions.
(2) The State Department of Agriculture, or a designee of the State Department of Agriculture, shall periodically, and in no event less than once biennially, consult with the Department of Justice to ensure that the actions of the State Department of Agriculture taken under this section are consistent with section 9, Article I of the Oregon Constitution, and the Fourth Amendment to the United States Constitution.
(3) Prior to general initiation of inspections in an agricultural water quality management area for compliance with rules adopted under ORS 568.912, the department shall implement a process to notify the affected landowners within the boundaries of the area of any requirements that may by rule apply to landowners in the area. [1993 c.263 §6; 1997 c.657 §1; 2001 c.442 §2; 2001 c.594 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.918 - Notice to landowner of failure to perform requirements.

Upon finding that a landowner in an area subject to a water quality management plan has failed to perform actions required by the rules adopted under ORS 568.912, the State Department of Agriculture shall notify the landowner and direct the landowner to perform the work or take any other actions necessary to bring the condition of the subject lands into compliance with the rules within a reasonable period of time. In all cases, the legal owner of the property shall also be notified, prior to the assessment of any civil penalty. [1993 c.263 §7; 2001 c.594 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.921 - Fees from landowners.

The State Department of Agriculture, in consultation with the State Board of Agriculture, may establish and collect fees from landowners subject to a water quality management plan adopted under ORS 568.909. The fees shall not exceed the total cost of developing and carrying out the plan and shall not exceed $200 annually per landowner. Fees established by the department under this section are subject to the requirements of ORS 291.055. Any fees received by the department pursuant to this section shall be deposited in the State Treasury to the credit of the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of implementing ORS 568.900 to 568.933. [1993 c.263 §9; 2001 c.442 §6; 2001 c.594 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.924 - Interagency agreements.

The State Department of Agriculture may enter into agreements with any agency of this state, including but not limited to a soil and water conservation district, or with any agency of the federal government, for the purposes of carrying out the provisions of ORS 568.900 to 568.933 including the development of a plan. [1993 c.263 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.927 - Law inapplicable to certain forest practices.

The provisions of ORS 568.900 to 568.933 shall not apply to any forest practice conducted on forestland as defined in ORS 527.620. [1993 c.263 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.930 - Agricultural activities subject to plan requirements; consultation with Environmental Quality Commission; review and revision of plans.

(1) Landowners shall conduct all agricultural activities on agricultural lands within the boundaries of an area subject to a water quality management plan in full compliance with the rules implementing the plan and with all the rules and standards of the Environmental Quality Commission relating to water pollution control. In addition to any other remedy provided by law, any violation of those rules or standards shall be subject to all remedies and sanctions available to the Department of Environmental Quality or the Environmental Quality Commission.
(2) The State Department of Agriculture and the State Board of Agriculture shall consult with the Department of Environmental Quality or the Environmental Quality Commission in the adoption and review of water quality management plans and in the adoption of rules to implement the plans.
(3)(a) The Environmental Quality Commission may petition the State Department of Agriculture for a review of part or all of any water quality management plan and rules implementing the plan. The petition must allege with reasonable specificity that the plan or the rules are not adequate to achieve compliance with applicable state and federal water quality standards.
(b) The State Department of Agriculture, in consultation with the State Board of Agriculture, shall complete its review of a petition submitted under paragraph (a) of this subsection within 90 days of the date of the filing of the petition for review. The State Department of Agriculture may not terminate the review without the concurrence of the Environmental Quality Commission unless the department initiates revisions to the rules implementing the water quality management plan that address the issues raised by the Environmental Quality Commission. If the State Department of Agriculture adopts any revisions in response to a petition by the Environmental Quality Commission, the department shall adopt the revisions not later than two years from the date the Environmental Quality Commission submits the petition, unless the department, with the concurrence of the Environmental Quality Commission, finds that special circumstances require additional time.
(4) A water quality management plan and rules implementing the plan that pertain to a ground water management area shall be subject to the coordination requirements of ORS 468B.162. [1993 c.263 §13; 1999 c.59 §179; 2001 c.594 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.952 - Implementation of agricultural water management technical assistance program.

(1) To carry out the technical assistance program described in ORS 568.950, the Oregon State University Extension Service and the Oregon State University Agricultural Experiment Station may:
(a) Support the acquisition and maintenance of equipment necessary for the collection of weather data, climate data and data related to agricultural water use and management, including equipment that measures or monitors water supply, water diversions, water use and evapotranspiration. Equipment may include, but need not be limited to:
(A) AgriMet weather stations;
(B) Other weather stations;
(C) Eddy covariance stations;
(D) Lysimeters;
(E) Stream gauges;
(F) Soil moisture meters; and
(G) Water use measuring devices.
(b) Form partnerships with agricultural producers to site data collection equipment and use the data collected in on-farm management practices, with preference given to producers that agree to develop on-farm demonstration projects, as described in ORS 568.950 (3).
(c) Form partnerships and enter into cost-sharing agreements with institutions capable of maintaining data collection equipment and processing data, including, but not limited to, the United States Geological Survey, the United States Bureau of Reclamation, the Natural Resources Conservation Service of the United States Department of Agriculture, the National Weather Service of the National Oceanic and Atmospheric Administration, the State Department of Agriculture, the Water Resources Department, the State Department of Fish and Wildlife, the Department of Environmental Quality, the Oregon Watershed Enhancement Board, the Oregon Climate Service and soil and water conservation districts.
(d) Convene statewide or region-specific advisory groups or working groups to advise on any aspect of the program.
(2) All data collected under subsection (1) of this section using public funds must be made publicly available.
(3) In establishing and maintaining the voluntary demonstration network described in ORS 568.950 (3), the Oregon State University Extension Service and the Oregon State University Agricultural Experiment Station:
(a) May receive and expend funds from any source to:
(A) Design and implement demonstration projects under ORS 568.950 (3); or
(B) Provide stipends to agricultural producers participating in the voluntary demonstration network described in ORS 568.950 (3) for time, equipment and related expenses.
(b) Shall prioritize projects that have the potential to increase drought resiliency and provide quantifiable water quantity and quality benefits to other in-stream and out-of-stream water users or uses. [2023 c.606 §13]
Note:
See note under 568.950.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.954 - Reports to interim committees of Legislative Assembly.

(1) The Oregon State University Extension Service and the Oregon State University Agricultural Experiment Station shall jointly:
(a) Prepare an annual report describing climate-related impacts on agricultural producers, including, but not limited to, flood and drought impacts, and recommendations to increase agricultural resilience; and
(b) Submit the report in the manner provided by ORS 192.245 to the interim committees of the Legislative Assembly related to agriculture no later than September 15 of each year.
(2) The Oregon State University Extension Service and the Oregon State University Agricultural Experiment Station shall jointly report on the progress of the technical assistance program established under ORS 568.950 in the manner provided by ORS 192.245 to the interim committees of the Legislative Assembly related to agriculture no later than September 15 of each even-numbered year. [2023 c.606 §14]
Note:
See note under 568.950.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.972 - Grant program monitoring areas.

(1) Oregon State University shall consult with recipients of grants under ORS 568.970 to assist the recipients with establishing monitoring areas in central Oregon, Harney County and Klamath County.
(2) Monitoring must be conducted for a period of at least five years and must include:
(a) Overstory and understory vegetation surveys to assess soil, water and vegetation relationships; and
(b) Monitoring of soil moisture, springflow, streamflow and weather.
(3) Monitoring may include technological platforms or other systems to monitor vegetative cover, perennial grass cover, annual grass cover or tree and shrub cover. [2023 c.606 §36]
Note:
See first note under 568.970.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.974 - Grant for organization formed pursuant to intergovernmental agreement.

(1) The Oregon Department of Administrative Services shall provide a grant to an organization formed pursuant to an intergovernmental agreement under ORS chapter 190 that operates in at least three of the following counties:
(a) Crook County;
(b) Jefferson County;
(c) Klamath County;
(d) Deschutes County;
(e) Harney County; or
(f) Lake County.
(2) The organization shall:
(a) In rural areas of this state, coordinate efforts to identify and apply for sources of funding for western juniper treatment, or other water conservation projects, among cities, counties or other organizations; and
(b) Coordinate activities among grant recipients described in ORS 568.972. [2023 c.606 §37]
Note:
See first note under 568.970.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 568 - Soil and Water Conservation; Agricultural Water Management › Section 568.976 - Acceptance of nongrant moneys by grant recipients.

Recipients of grants described in ORS 568.970, as well as organizations described in ORS 568.974 and sections 51 and 52, chapter 606, Oregon Laws 2023, may accept moneys from state agencies, federal or private funds or grants or the Emergency Board, in addition to the grants, for purposes described in ORS 568.970 and 568.972. [2023 c.606 §39]
Note:
See first note under 568.970.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.175 - Definitions for ORS 569.175 to 569.195.

As used in ORS 569.175 to 569.195:
(1) "Noxious weed" means a terrestrial, aquatic or marine plant designated by the State Weed Board under ORS 569.615 as among those representing the greatest public menace and as a top priority for action by weed control programs.
(2) "Person" means a person as defined in ORS 174.100, the federal government or any of its agencies, the State of Oregon or any of its agencies, or any city, county, district or municipal corporation of this state. [Formerly 452.610]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.180 - Noxious weeds as public nuisance; policy.

In recognition of the imminent and continuous threat to natural resources, watershed health, livestock, wildlife, land and agricultural products of this state, and in recognition of the widespread infestations and potential infestations of noxious weeds throughout this state, noxious weeds are declared to be a public nuisance and shall be detected, controlled and, where feasible, eradicated on all lands in this state. It is declared to be the policy of this state that priority shall be given first to the prevention of new infestations of noxious weeds and then to the control and, where feasible, eradication of noxious weeds in infested areas. [Formerly 452.615]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.190 - Authority of Oregon State University.

Oregon State University, acting by itself or in cooperation with the State Department of Agriculture, may:
(1) Collect, publish, disseminate and furnish information, statistics and advice concerning the research, experimentation, control and eradication of noxious weeds and the land management and cultural practices recommended for such control and eradication.
(2) Rear, propagate and release biological control agents approved by the United States Department of Agriculture, including insects or disease organisms, and construct, purchase, maintain and operate facilities and equipment for such purpose. [Formerly 452.625]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.195 - Cooperation with department; court suit.

(1) No person shall fail to cooperate with the State Department of Agriculture in the administration or enforcement of ORS 569.175 to 569.195, or rules promulgated pursuant thereto, nor otherwise violate any provision of ORS 569.175 to 569.195.
(2) In addition to any other remedy provided by law, the department may bring suit in circuit court to enjoin or restrain any person from violating any provision of ORS 569.175 to 569.195 or any rule promulgated thereunder. [Formerly 452.630]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.350 - Necessity of eradication of weeds; cooperation in control and eradication.

Noxious weeds have become so thoroughly established and are spreading so rapidly on state, county and federally owned lands, as well as on property in individual ownership and in transition to county ownership through tax delinquency, that they hereby are declared a menace to the public welfare. While it is recognized that complete eradication may not be practicable, it hereby is established that steps leading to eradication and control are necessary and that responsibility rests not only on the individual landowner and operator but also on the county, state and federal government, and that the county, state and federal government should cooperate with individual owners in the control and eradication of noxious weed pests. [Formerly 570.505]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.360 - County governing body may create weed control district; petition for special weed control district.

(1) The county governing body of each county may declare the county, or any portion of the lands in a county, a weed control district for the purpose of destroying such weeds and of preventing the seeding and spread of such other weeds and plants as the governing body may for the purposes of ORS 569.360 to 569.495 declare noxious.
(2) If the county is not made a weed control district or if the county weed control district does not include all such weeds or plants desired as included as noxious, interested parties may present a petition for a special weed control district. The petition shall describe the area to be included in the special weed control district and name the noxious weeds to be destroyed or prevented from blooming and producing seed within the district, and must be signed by more than half of the landowners in the area described in the petition who also own more than half of the acreage in the area. Upon presentation of such a petition, the county governing body shall declare such area a special weed control district and such weeds noxious within the district, in accordance with the petition. [Formerly 570.515]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.370 - Weed inspectors; appointment; duties; compensation.

(1) The court shall, upon declaring a weed control district, appoint a weed inspector or inspectors, whose duties it shall be:
(a) To find out if any noxious weeds or plants are being permitted to grow and produce bloom or seed within the district or districts contrary to the provisions of ORS 569.360 to 569.495;
(b) To serve notices;
(c) When necessary to destroy or cut or to supervise the destruction or cutting of the noxious weeds growing or seeding within the weed control district; and
(d) To conduct investigations, approve plans and certify expenditures pertaining to weed control projects pursuant to ORS 569.480.
(2) The person or persons appointed by the county court shall receive for their services reasonable wages, as determined by the county court, for the time actually employed in the performance of duty under ORS 569.360 to 569.495. [Formerly 570.520]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.375 - Notice of district creation and weeds to be controlled.

The county court shall, upon declaring a weed control district or districts, cause to be published an official notice describing each district and naming weeds to be destroyed and to be prevented from producing seed within the districts. The notice shall be published in a newspaper or newspapers, not exceeding three in number, serving the districts, in two consecutive issues if weekly, or two times at intervals of one week if daily or semiweekly. Immediately after the last publication of the official notice, the provisions of ORS 569.360 to 569.495 shall be enforced. [Formerly 570.525]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.380 - Weed inspector right of entry; service of notice to eradicate weeds; department or district control measures.

(1) The weed inspector shall have access to the land within the district.
(2) When the provisions of ORS 569.360 to 569.495 are not being complied with, the weed inspector shall serve a written notice to the owner or occupant of the land. When the weed inspector is unable to serve the notice personally, the weed inspector shall post the notice and two copies thereof in three conspicuous places on the land. The notice shall contain:
(a) The date of service or posting of notice.
(b) The name of the weed or weeds growing on the land, and a statement setting forth that the weeds must be destroyed or must be prevented from producing seed within a specified time of not less than two days or more than 20 days, to be established by the inspector, from the date of service of the notice.
(3) The service of notice as provided in subsection (2) of this section imposes a requirement on the owner or occupant of the land to destroy or prevent the weeds from seeding or spreading during the continuation of ownership or occupancy of the land or until the district is dissolved. A copy of the notice, together with proof of service indorsed thereon, shall be filed with the county court.
(4) Notwithstanding subsections (2) and (3) of this section, ORS 569.370 or 569.390, with permission of the owner or occupant of land, employees of the State Department of Agriculture, or of designated weed control districts, may enter the land to identify noxious weeds and to implement or provide for the implementation of integrated noxious weed control measures, including but not limited to the application of pesticides to the land. The control or eradication of noxious weeds may be conducted with or without charge to the owner or occupant of the land. A notice as described in subsection (2) of this section is not required for the conduct of activities described in this subsection. [Formerly 570.530]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.390 - Owner or occupant to eradicate weeds.

Each person, firm or corporation owning or occupying land within the district shall destroy or prevent the seeding on such land of any noxious weed within the meaning of ORS 569.360 to 569.495 in accordance with the declaration of the county court and by the use of the best means at hand and within a time declared reasonable and set by the court, except that no weed declared noxious shall be permitted to produce seed. [Formerly 570.535; 2011 c.597 §233]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.395 - Eradication of weeds on public lands and rights of way.

The State Highway Commission, the respective county courts, reclamation districts and municipalities shall destroy or prevent the spread or seeding of any noxious weed within the meaning of ORS 569.360 to 569.495 on any land owned by them or constituting the right of way for any highway, county road, drainage or irrigation ditch, power or transmission line, or other purposes under their respective jurisdictions. [Formerly 570.540]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.400 - Refusal or failure to control weeds; authorized destruction or control; quarantine; expense statement.

(1) If the owner or occupant of the land fails or refuses to immediately destroy or cut the noxious weeds in accordance with ORS 569.360 to 569.495, the weed inspector shall at once notify the county court. The county court shall at once take necessary steps for enforcement of ORS 569.360 to 569.495. The county court shall authorize the weed inspector or such assistants as the weed inspector may employ to go upon the land or premises and, except as provided in this subsection, destroy the noxious weeds or control them in such manner as will destroy all seeds of such noxious weeds. If destruction or control of the weeds on any farm is in the judgment of the county weed inspector impracticable because the weeds may be too far advanced, or if for any other reason the means of control available are unsatisfactory, the weed inspector shall so notify the county court. The county court shall request the State Department of Agriculture to immediately quarantine any such uncontrolled noxious weed infested farm within the county to prevent the movement of infested crops or of livestock from such farm except under conditions prescribed in the quarantine that will prevent spread of the weeds by such crops or livestock. In all cases where the inspector undertakes to destroy or control noxious weeds, the most effective and practical method, in the judgment of the inspector, and with least injury to the land or crops, shall be used.
(2) Upon the completion of such work the person so appointed and authorized by the county court shall file with the county clerk an itemized statement of the expenses necessarily incurred in the destruction of such weeds, including the wages of the person as provided in ORS 569.370, verified by the oath of the person. [Formerly 570.545; 2017 c.494 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.410 - Statement to be entered on lien docket; recovery of unpaid amount.

When the statement of expenses is filed, the county clerk shall cause it to be entered upon a lien docket prepared for that purpose. The amount of the charges and expenses when so docketed shall constitute a first lien upon such lands or premises, except as to taxes. If the charges and expenses are not paid and the lien discharged by the owner or occupant of such lands within 90 days from the date the lien is docketed, the county may recover the expenses in an action at law. [Formerly 570.550]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.415 - Payment for work.

If within 10 days from the date of filing and docketing the lien as provided in ORS 569.400 and 569.410, no objections have been filed thereto, the county court shall pay to the person or persons appointed by the court, as provided in ORS 569.370 (1), out of the general funds of the county, the amount of such lien. [Formerly 570.555]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.420 - County tax for weed control fund; expenditure.

(1) The county courts of the several counties of this state hereby are required to levy a tax and create a fund to be known as the weed control fund for the control of weeds on county highways and public lands and for cooperation with individuals, state and federal agencies in controlling noxious weeds within weed control districts. The amount estimated by the county court as being sufficient for such purposes may be placed in the county budget and after consideration at the meeting held for the purpose of passing upon the tax levy by the electors of the county, may become one of the items for which expenditure may be made during the ensuing year.
(2) When such a fund is created, it shall be expended under the supervision of the county court in such manner as to effectuate the purposes of ORS 569.360 to 569.495. [Formerly 570.560]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.425 - Special assessment.

Notwithstanding ORS 569.420, in addition to or in lieu of the tax authorized by ORS 569.420, a county governing body may levy a special assessment based upon benefit to finance weed control activities. All such assessments shall be treated in the same manner as the tax referred to in ORS 569.420. [Formerly 570.562]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.435 - Dissolution of weed control district; disposition of funds.

If in the judgment of the court the enforcement of ORS 569.360 to 569.495 in any county which has been declared a weed control district seems impracticable or likely to work injury to the people of the district, it may after a hearing declare that such weed control district no longer exists. Any special weed control district shall be declared terminated by the county court when a majority of landowners in the district, by petition or by public hearing state that they desire such district terminated for any weeds declared noxious in the district. Any moneys remaining in any fund for weed control shall, after the termination of the district, be credited to the general fund of the county. [Formerly 570.565]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.445 - Duty to clean machinery before moving; weed infested residue not to be moved.

No person operating or having control of any threshing machinery, clover huller, hay baler, seed cleaning or treating machinery or other machinery shall move said machinery over any public road or from one farm to another without first thoroughly cleaning it. Before moving it, all hay or bundle racks and all other equipment shall be thoroughly swept and cleaned. All hay, straw or other crop residue infested with noxious weeds under the meaning of ORS 569.360 to 569.495 having partially or fully formed seeds shall not be moved from the land on which grown to other lands not infested with any of the weeds in the field from which such crop material came. [Formerly 570.570]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.470 - Cost-share assistance grants for weed control; application.

Any person owning or occupying land within a weed control district or special weed control district who conducts a weed control project in accordance with the provisions of ORS 569.370 and 569.470 to 569.495 may apply to the county court or commission for a cost-share assistance grant. [Formerly 570.580]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.475 - Cost-share assistance grants for weed control; source of expenditures; limit on grants.

(1) The county courts of the several counties of this state hereby are required to provide cost-share assistance grants to persons owning or occupying land within such counties who conduct a weed control project in accordance with the provisions of ORS 569.370 and 569.470 to 569.495. Expenditures by any county court or commission for cost-share assistance grants shall be made from the county’s weed control fund pursuant to ORS 569.420.
(2) In any fiscal year, the amount of cost-share assistance to any person eligible for such assistance under ORS 569.470 and 569.480 shall be an amount equal to, but not exceeding, 50 percent of the actual cost of the eligible person’s weed control project. [Formerly 570.585]