reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 88 - RULES GOVERNING THE ESTABLISHMENT OF RESTRICTIONS ON THE PUBLIC RECREATIONAL USE OF STATE-OWNED LAND › Section 141-088-0220 - Restrictions for the State-Owned Banks and Islands of the Willamette River within the boundaries of Swan Island inside the city limits of Portland

Current through Register Vol. 63, No. 7, July 1, 2024
All state-owned land that is under the jurisdiction of the
				Department between the line of ordinary high water and the line of ordinary low
				water along the Willamette River between River Mile 01 and River Mile 11, including the Swan Island Lagoon, located in Multnomah County, Oregon, is
				closed to:
(1) All uses between 10
			 p.m. and 5 a.m.
(2) The
			 establishment of a campsite at any time. For purposes of this section,
			 "campsite" means any place where any bedding, sleeping bag or other material
			 used for bedding purposes, or any stove is placed, established or maintained
			 for the purpose of maintaining a temporary place to live, whether such a place
			 incorporates the use of any tent, lean-to, shack, vessel or any other
			 structure.
(3) Fires at any time.
Excepted from this restriction are Government personnel on
				official business, public and private employees performing company business,
				vehicles and persons involved in rescue or emergency activities, and Department
				authorized persons and adjacent landowners inspecting or maintaining
				property.
Statutory/Other Authority: ORS 183, ORS 273 & ORS
				  274
Statutes/Other Implemented: ORS 273 & ORS
				  274
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 88 - RULES GOVERNING THE ESTABLISHMENT OF RESTRICTIONS ON THE PUBLIC RECREATIONAL USE OF STATE-OWNED LAND › Section 141-088-0230 - Restrictions for the State-Owned Property of the Columbia River and Oregon Slough

Current through Register Vol. 63, No. 7, July 1, 2024
All state-owned land that is under the jurisdiction of the
				Department between the line of ordinary high water and the line of ordinary low
				water along the Columbia River between River Mile 102 to 106 (Hayden Island to
				the north side and Marine Drive to the south side), and River Mile 120 to 121
				(Sandy River Delta), and along the Oregon Slough (North Portland Harbor
				Channel) between River Mile 0 to 2.5, in Multnomah County, Oregon, is closed
				to:
(1) All uses between 10 p.m. and 5
			 a.m.
(2) The establishment of a
			 campsite at any time. For the purposes of this section, "campsite" means any
			 place where bedding, sleeping bag or other material used for bedding purposes,
			 or any stove is placed, established or maintained for the purpose of
			 maintaining a temporary place to live, whether such a place incorporates the
			 use of any tent, lean-to, shack, vessel or any other structure.
(3) Fires at any time.
Note: Excepted from this restriction are Government personnel
				on official business, public and private employees performing company business,
				vehicles and persons involved in rescue or emergency activities, Department
				authorized persons, and adjacent landowners inspecting or maintaining
				property.
Statutory/Other Authority: ORS 183, 273 & 274
Statutes/Other Implemented: ORS 273 &
				  274
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 88 - RULES GOVERNING THE ESTABLISHMENT OF RESTRICTIONS ON THE PUBLIC RECREATIONAL USE OF STATE-OWNED LAND › Section 141-088-0240 - Restrictions for State-Owned Property on Hayden Island in Multnomah County (Columbia River)

Current through Register Vol. 63, No. 7, July 1, 2024
All state-owned submersible land that is under the jurisdiction
				of the Department between the line of ordinary high water and the line of
				ordinary low water on the north side of Hayden Island between River Mile 106
				and River Mile 107 of the Columbia River, west of the Oregon and Washington I-5
				Bridge and east of a wing dam, located in Section 34, Township 2 North, Range 1
				East, Willamette meridian, in Multnomah County, Oregon is closed to:
(1) All uses between 10 p.m. and 5
			 a.m.;
(2) The establishment of a
			 campsite at any time. For purposes of this section, "campsite" means any place
			 where any bedding, sleeping bag or other material used for bedding purposes, or
			 where any stove is placed, established or maintained for the purpose of
			 maintaining a temporary place to live, whether such a place incorporates the
			 use of any tent, lean-to, shack or any other structure; and
(3) Fires at any time.
(4) Excepted from this restriction are
			 Government personnel on official business, public and private employees
			 performing company business, vehicles and persons involved in rescue or
			 emergency activities, and Department authorized persons and adjacent landowners
			 inspecting or maintaining property. This exception does not allow the entities
			 identified or their representatives to establish a campsite on the lands in
			 question.
Statutory/Other Authority: ORS 183, ORS 273 & ORS
				  274
Statutes/Other Implemented: ORS 273 & ORS
				  274
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 88 - RULES GOVERNING THE ESTABLISHMENT OF RESTRICTIONS ON THE PUBLIC RECREATIONAL USE OF STATE-OWNED LAND › Section 141-088-0250 - Periodic Closure for State-Owned Property on Crump Lake in Lake County

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All state-owned
			 lands under the jurisdiction of the Oregon Department of State Lands that are
			 located within and around Crump Lake, beginning at the southern boundary of
			 Township 38 South, terminating at Stone Bridge located at 42.354731 degrees
			 North, 119.838867 degrees West, are closed to:
(a) All access by motorized vehicles or
			 pedestrian traffic. Excepted from this restriction are government personnel on
			 official business, vehicles and persons involved in rescue or emergency
			 activities, adjacent landowners inspecting or maintaining fences, and hunters
			 on foot in possession of valid controlled hunt tags for Beatys Butte Wildlife
			 Management Unit, actively engaged in scouting or hunting deer or antelope, or
			 unless otherwise authorized by the department in writing through the Real
			 Property Program.
(b) The
			 collection, removal, defacement, or destruction of any archaeological site,
			 objects, or artifacts, including arrowheads, as defined by ORS
			 358.905(1)(a),
			 unless otherwise authorized by the Department in writing and consistent with
			 permit issued by the State Historic Preservation Office (SHPO) under ORS
			 390.235.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0620 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Special Headings and Fonts. Where
			 headings, special fonts or double-spacing are used, they are for the
			 convenience of the user only and have no substantive effect.
(2) Applicability of OAR 141-085. Unless
			 otherwise specified under OAR 141-089, the provisions of OAR 141-085 apply to
			 General Authorizations.
(3)
			 Previous GAs Repealed. OAR 141-089-0095 through 141-089-0615 were repealed on
			 March 1, 2011.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0625 - General Authorizations (GA); Process for Establishing; Standards and Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Waiver of
			 Permit Requirements. An individual removal-fill permit may not be necessary if
			 a proposed activity meets the requirements of a General Authorization (GA). Any
			 person proposing to conduct a removal-fill activity under a GA must first
			 notify the Department in writing and pay any applicable fee to the
			 Department.
(2) Establishment.
			 General Authorizations are adopted, amended and repealed as administrative
			 rules in accordance with the Administrative Procedure Act (ORS 183.310 through
			 183.550). A General Authorization may be granted on a statewide or other
			 geographic basis.
(3) Criteria for
			 Adoption. The Department may adopt a GA based upon a finding that the category
			 of activities of removal-fill:
(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 the
			 water resources of this state.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0630 - Project Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicability. This rule sets forth conditions under which a person may,
			 without an individual removal-fill permit from the Department, place or remove
			 material within waters of this state, as defined in OAR 141-085 for the
			 purposes set forth in each GA. This rule does not apply to activities proposed
			 within areas designated as:
(a) A State Scenic
			 Waterway; or
(b) An Aquatic
			 Resource of Special Concern, unless the activity is for habitat restoration
			 purposes. Aquatic Resources of Special Concern include alkali wetlands and
			 lakes, bogs, cold water habitat, fens, hot springs, interdunal wetlands, kelp
			 beds, mature forested wetlands, native eelgrass beds,, off-channel habitats
			 (alcoves and side channels), ultramafic soil wetlands, vernal pools, wet
			 prairies, wooded tidal wetlands, and others, as determined by the
			 Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0635 - Fees; Disposition of Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fees. For
			 removal-fill volumes that equal or exceed 50 cubic yards, a flat fee of $250.00
			 will be assessed and must be submitted with the notification for the following
			 GAs:
(a) Certain Transportation-Related
			 Activities in ESH;
(b) Temporary
			 Impacts to Non-Tidal Wetlands;
(c)
			 Piling Placement or Removal; and
(d) Removing and Disposing of Sediment Behind
			 Tidegates and Within Hydraulically Closed Perimeters.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0640 - Pre-Construction Notification

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 141-089-0820  to 141-089-0835:
(1) Project Notification Required. A complete
			 project notification must be submitted to the Department at least 30 calendar
			 days before starting the project. A complete notification is one that contains
			 all the information required on the form provided by the Department and all
			 required attachments.
(2) Review of
			 the Notification. Within 30 calendar days of receipt, the Department will
			 review the notification for completeness and eligibility, make one of the
			 following determinations and notify the responsible party that:
(a) The notification is complete and the
			 project is eligible under the GA;
(b) The notification is incomplete and the
			 person must supply certain specified missing, inaccurate or insufficient
			 information. The person may amend and resubmit the notification within 120
			 calendar days of the notice for reconsideration, unless instructed by the
			 Department to do otherwise. Submission of an amended notification starts a new
			 30-day review period; or
(c) The
			 project is ineligible for certain specified reasons. The person may then either
			 revise the project and submit for reconsideration within 120 days of the
			 notification or apply for an individual permit under OAR 141-085. Submission of
			 an amended notification commences a new 30-day review period.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0645 - Expiration of Project Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 141-089-0820  to 141-089-0835:
(1) A notification confirmed as eligible
			 under a GA will be valid for three years or until the project is complete,
			 whichever occurs first; and
(2)
			 Requests for renewals or extensions will not be granted.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0655 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
Failure to adhere to the terms of any general authorization
				when performing activities authorized under this division, is a violation of
				the Removal-Fill Law and may be subject to appropriate enforcement in
				accordance with OAR 141-085.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0656 - Authorization Decision Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
A person whose project is determined by the Department to be
				ineligible for a general authorization may appeal the Department's decision
				according to OAR 141-085-0575(1), (5) through (10)  and 141-085-0580.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0660 - Minimal Disturbance Within ESH - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set forth the conditions under which a person may,
				without an individual removal-fill permit from the Department, fill, remove or
				move small quantities of material for certain activities within waters of this
				state designated Essential Indigenous Anadromous Salmonid Habitat (ESH).
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0665 - Minimal Disturbance Within ESH - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Activities are limited to four cubic yards of removal and fill
				at any individual site and, cumulatively, not more than 10 cubic yards of
				removal and fill within a designated ESH stream for the entire project.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0670 - Minimal Disturbance Within ESH - Authorized Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Eligible projects are limited to the following:
(1) Investigative Drilling and Sampling.
			 Removal and fill for investigative drilling and sampling to gather necessary
			 technical data for designing structures or characterizing sediments.
(2) Scientific Measurement. Installation,
			 removal, construction and maintenance of scientific measurement devices, such
			 as staff gages, tide gages, water recording devices, water quality testing and
			 improvement devices, and similar structures, whose purpose is to measure and
			 record scientific data.
(3)
			 Surveys. Removal and fill for surveys conducted for historical
			 resources.
(4) Maintenance of Water
			 Intake and Outfall Structures. Removal and fill activity necessary to maintain
			 serviceability of existing water intake and outfall structures.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0675 - Minimal Disturbance Within ESH - Activity-Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Conditions Apply. Projects
			 eligible for this General Authorization must adhere to the General Conditions
			 listed under OAR 141-089-0650.
(2)
			 Scientific Measurement. All scientific measurement devices, including all
			 associated structures and fills including anchoring devices, buoys and cables,
			 must be removed within 30 days after the research is completed.
(3) Surveys. The responsible party must
			 isolate all in-stream exploratory trenching from the active channel.
(4) Maintenance of Water Intakes. The
			 responsible party must implement measures necessary to prevent streambed
			 gradient alterations and streambank erosion.
(5) Investigative Drilling and sampling. The
			 responsible party must use existing roads, paths and drilling pads where
			 available. Temporary placement of mats is allowed to provide site access.
			 Temporary mats must be removed upon completion of the authorized work
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0680 - Piling Placement And Removal Within ESH - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set forth the conditions under which a person may,
				without an individual removal-fill permit from the Department, place or remove
				piling in waters of this state designated as Essential Indigenous Anadromous
				Salmonid Habitat (ESH) as described in OAR 141-102.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0685 - Piling Placement And Removal Within ESH - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible, a project must adhere to the following:
(1) Purpose. Individual piling and piling
			 placed for over-water structure support (e.g., piling associated with docks,
			 piers, boardwalks), mooring and turning dolphins, navigational aids without
			 footings or other support structure as approved by the Department.
(2) Piling Material. Round steel piling 24
			 inches in diameter or smaller, steel H-piling designated as HP24 (depth of
			 section 24 inches or less) or smaller, or untreated wood, pre-cast concrete or
			 plastic piling.
(3) Limited
			 Placement. Piling must be placed:
(a) So as
			 not to form headwalls or other bank treatment structures;
(b) So as not to impede normal water flow
			 into or within wetlands or deflect water in a manner that causes
			 erosion;
(c) So as not to create
			 new uplands;
(d) In non-wetland
			 waters;
(e) In non-tidal waters;
			 and
(f) By vibratory hammer or
			 impact hammer, subject to the activity-specific conditions set forth in OAR
			 141-089-0695. Hydraulic jetting is not allowed.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0690 - Piling Placement And Removal Within ESH - Authorized Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Number of Piling Installed is Limited.
			 Placement of no more than five pilings or one dolphin consisting of three to
			 five pilings; and
(2) Number of
			 Piling Removed is Limited. Removal of no more than five pilings or one dolphin
			 consisting of three to five pilings.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0695 - Piling Placement And Removal Within ESH - Activity-Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
Projects eligible for this GA must adhere to the general
				conditions in OAR 141-089-0650  and the following activity-specific
				conditions:
(1) Minimum Necessary.
			 Number of pilings must be the minimum necessary to fulfill the essential
			 purpose.
(2) Sound Attenuation. A
			 vibratory hammer must be used whenever feasible. If an impact hammer must be
			 used to drive or proof steel piles, sound attenuation measures including
			 cushion blocks (wood blocks between pile and hammer) and bubble curtains
			 operated to distribute air bubbles around 100 percent of the piling for the
			 full depth of the water column must be used:
(a) If water velocity is 1.7 miles per hour
			 or less, an unconfined bubble curtain may be used; or
(b) If water velocity is greater than 1.7
			 miles per hour, a confined bubble curtain (e.g., bubble ring surrounded by
			 fabric or metal sleeve) must be used.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0700 - Temporary Impacts to Non-Tidal Wetlands - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set forth the conditions under which a person may,
				without an individual removal-fill permit from the Department, temporarily
				place or remove material in non-tidal wetlands.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0705 - Temporary Impacts to Non-Tidal Wetlands - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible, a project must adhere to the following:
(1) Wetland Conversion. Activities must not
			 permanently convert wetland to upland.
(2) Woody Vegetation. The project must not
			 convert forested or shrub wetlands to a different Cowardin class.
(3) Wetland Delineation and Concurrence. A
			 copy of a valid, Department-approved wetland delineation map and concurrence
			 letter must be provided with the notification, unless otherwise directed by the
			 Department.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0710 - Temporary Impacts to Non-Tidal Wetlands - Authorized Activities

Current through Register Vol. 63, No. 7, July 1, 2024
The project is limited to temporary impacts of 0.2 acres or
				less of non-tidal wetlands. This threshold applies to all activities associated
				with the project (e.g., placement of the utility lines, material stockpiling,
				equipment storage, staging and vehicle access).
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0715 - Temporary Impacts to Non-Tidal Wetlands - Activity-Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
Projects eligible for this GA must adhere to the general
				conditions in OAR 141-089-0650  and the following activity-specific
				conditions:
(1) Temporary Impact
			 Rectification. Rectification of temporary impacts includes re-establishment of
			 pre-existing contours and pre-existing vegetation.
(2) Timing of Temporary Impact Rectification.
			 Re-establishment of pre-construction contours and planting to re-vegetate
			 temporarily disturbed areas must be completed within 24 months of the initial
			 impacts. However, if the temporary impact requires only one construction
			 season, site rectification must be completed within the same construction
			 season as the temporary impact. Planting must include species of sufficient
			 number, spacing, and diversity to replace affected aquatic functions.
(3) Post-Construction Report Required. Within
			 two years of planting, a report must be submitted to the Department. The report
			 must include:
(a) Data plots, according to OAR
			 141-090, to confirm that the wetland area impacted by the project meets wetland
			 criteria; and
(b) Photos taken at
			 the previously established photo points.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0720 - Waterway Bank Stabilization - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set forth the conditions under which a person may,
				without an individual removal-fill permit from the Department, place or remove
				material in non-tidal waterways for the purpose of stabilizing the actively
				eroding banks of non-tidal waters.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0725 - Waterway Bank Stabilization - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible, a project must be for the purpose of bank
				stabilization in non-tidal waters and meet the project criteria for the
				authorized activities listed in OAR 141-089-0730.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0730 - Waterway Bank stabilization - Authorized Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Bio-Engineering. This activity includes
			 placement of woody vegetation, vegetated geogrids, biodegradable logs, straw
			 bales or straw logs used for bank protection, bank reshaping, terracing and
			 erosion control.
(2) Bank
			 Terracing. This activity includes bank terracing and sloping to facilitate
			 establishment of woody vegetation. The project must meet the following
			 criteria:
(a) The slope must not be steeper
			 than 3:1 (H/V) ratio;
(b) Bank
			 treatments must be replanted with native woody vegetation; and
(c) If fabric is necessary, no
			 petroleum-based fabric is allowed.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0735 - Waterway Bank Stabilization - Activity-Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
Proposed projects eligible for this General Authorization must
				adhere to the general conditions in OAR 141-089-0650  and the following
				activity-specific conditions:
(1)
			 Anchoring. Anchoring materials must:
(a) Not
			 restrict or redirect flows; and
(b)
			 Be set below grade to minimize the appearance.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0740

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0745

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0750

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0755

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0760

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0765

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0770

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0775

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0780 - Waterway Habitat Restoration - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set forth the conditions under which a person may,
				without an individual removal-fill permit from the Department, place or remove
				material in waterways of this state for the purpose of improving aquatic
				habitat and facilitating species recovery in waterways.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0785 - Waterway Habitat Restoration - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Projects eligible for this general authorization must be for
				the purpose of waterway habitat restoration.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0790 - Waterway Habitat Restoration - Authorized Activities

Current through Register Vol. 63, No. 7, July 1, 2024
The following activities may be combined for a single project
				and the volume thresholds for each activity may be calculated
				separately:
(1) Barrier Removal.
			 Barriers may be removed to reconnect waterway corridors, reestablish wetlands,
			 restore natural channel and flow conditions, and assist fish and wildlife
			 movement. The project must meet the following criteria:
(a) Removal is limited to artificially
			 created barriers including, but not limited to culverts, dams, earthen
			 embankments, spillway systems, tidegates, outfalls and pipes; and
(b) Cumulative removal-fill volume for this
			 activity must not exceed 200 cubic yards.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0795 - Waterway Habitat Restoration - Activity-Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
Proposed projects eligible for this General Authorization must
				adhere to the general conditions in OAR 141-089-0650  and the following
				activity-specific conditions:
(1)
			 Anchoring. Anchoring materials must not restrict or redirect flows, be set
			 below grade to minimize the appearance, and be placed in areas naturally
			 containing such material.
(2) Rock
			 and Gravel Placement. Rock and gravel placement are subject to the following
			 conditions:
(a) Only the minimal amount
			 necessary may be used to achieve project objectives;
(b) Rock must be placed in a manner that does
			 not increase the upland surface area;
(c) Rock must be placed to minimize adverse
			 impacts to the active channel;
(d)
			 All rock must be placed, not dumped, from above the bank line; and
(e) Only erosion-resistant rock from an
			 upland source may be used. No broken concrete or asphalt is allowed.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0800 - Wetland Ecosystem Restoration - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set forth the conditions under which a person may,
				without an individual removal-fill permit from the Department, carry out
				restoration activities for the purpose of wetland ecosystem restoration. Under
				this General Authorization (GA), wetland ecosystem restoration means the
				manipulation of the physical, chemical or biological characteristics of a site
				with the goal of returning natural or historical functions to a disturbed or
				altered wetland.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0805 - Wetland Ecosystem Restoration - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Project Purpose. The project purpose is
			 to improve the existing condition of a site to repair (rehabilitate) or return
			 (re-establish) natural or historical functions to a disturbed or former
			 wetland. The project may not be for the purpose of altering a site to produce
			 conditions that did not previously exist in order to augment specific
			 functions.
(2) Compatible with
			 Management Plans. The project must not be detrimental to existing functions and
			 values that address problems identified in a watershed management plan or water
			 quality management plan.
(3)
			 Evidence Required. Current site conditions must exhibit alterations in
			 topography, soils, native vegetation or hydrology that have resulted in wetland
			 loss or wetland disturbance that is potentially reversible.
(4) Conversion. The project will not result
			 in conversion of wetlands to uplands and will not include the conversion of
			 existing, functional wetland ecosystems to another aquatic use.
(5) Minimal Adverse Impacts. The project will
			 not cause more than minimal adverse impacts to undisturbed wetland communities
			 on-site or adjacent to the site.
(6) Non-native Species The project will not
			 involve the introduction of non-native plants other than for temporary soil
			 stabilization. Native seed mixes are preferred. When native seed mix is not
			 available, non-native seed mix that will hold the soil and not persist may be
			 used if certified free of noxious weeds.
(7) Hydrology. Hydrologic manipulation must
			 result in the hydrology of the restored site approximating the conditions that
			 existed before the disturbance or alteration, to the extent practicable.
			 Hydrology conditions include timing of inflow and outflow, duration, frequency
			 and hydroperiod.
(8) Consistent
			 with Wetland Conservation Plan. If the project is in an area for which there is
			 a Department-approved Wetland Conservation Plan, the activities must be in
			 conformance with that plan.
(9)
			 Compensatory Mitigation. Projects cannot be for the purpose of constructing
			 compensatory wetland mitigation.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0815 - Wetland Ecosystem Restoration - Activity-Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
Proposed projects eligible for this General Authorization must
				adhere to the general conditions in OAR 141-089-0650  and the following
				activity-specific conditions:
(1)
			 Invasive Species. Persons must control invasive species and comply with
			 Oregon's weed laws (ORS Chapters 452, 561 and 570); and
(2) Post-Project Reporting. Upon completion
			 of the project, the project must be reported to the Oregon Watershed
			 Enhancement Board at
http://www.oregon.gov/OWEB
by
			 completing the Oregon Watershed Restoration Inventory (OWRI) form. The DSL
			 General Authorization number is required to be included on the reporting
			 form.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0820 - Non-motorized In-stream Placer Mining in ESH - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set forth conditions under which a person may,
				without an individual removal-fill permit from the Department, fill, remove,
				and move material in waters of this state for the purpose of in-stream placer
				mining using only non-motorized methods or activities, including gravity dredge
				or siphon dredge, within areas designated as Essential Indigenous Anadromous
				Salmonid Habitat (ESH) that is not designated as State Scenic Waterway
				(SSW).
Statutory/Other Authority: ORS
				  196.600  - 196.692 & 196.795 - 196.990
Statutes/Other Implemented: ORS
				  196.600  - 196.692 & 196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0823 - Non-motorized In-stream Placer Mining within ESH - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR 141-089-0820  through 141-089-0835, the
				following definitions are used in addition to those found in ORS
				196.600 to
				196.990 and OAR
				141-085-0510.
(1) "Completion of the
			 activity" means the responsible party will not return or has not returned to
			 the activity location to resume the activity within 24 hours.
(2) "Gravity Dredge" means a device with a
			 suction nozzle and hose for conveyance of streambed material for which suction
			 is created by gravity. A gravity dredge does not have an auxiliary power
			 source.
(3) "Motorized Equipment"
			 means equipment or devices powered by internal combustion, hydraulics,
			 pneumatics, electricity, or mechanical means.
(4) "In-stream" means below the ordinary high
			 water line of a stream and within the wet perimeter and any adjacent
			 non-vegetated dry gravel bar.
(5)
			 "Placer Mining" means to search or explore for samples of gold, silver or other
			 precious metals by removing, filling or moving material from or within the bed
			 of a stream.
(6) "Siphon Dredge"
			 means a device with a suction nozzle and hose for conveyance of streambed
			 material for which suction is created by siphon action. A siphon dredge does
			 not have an auxiliary power source.
Statutory/Other Authority: ORS
				  196.600-196.692  & 196.795-196.990
Statutes/Other Implemented: ORS
				  196.600-196.692,
				  196.795-196.990 & SB 3
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0825 - Non-motorized In-stream Placer Mining in ESH - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible, a project must adhere to the following:
(1) Purpose. The activity is for the specific
			 purpose of non-motorized in-stream placer mining within ESH.
(2) Not within a State Scenic Waterway. The
			 activity may not occur within SSW.
(3) Preceding Year Activity Report. If the
			 person listed on the notification was authorized under this GA or the GA for
			 Recreational Placer Mining in ESH during the preceding calendar year, a
			 completed In-stream Placer Mining Report for that preceding calendar year must
			 have been submitted to the Department by the last business day in February of
			 the current calendar year.
Statutory/Other Authority: ORS
				  196.600  - 196.692 & 196.795 - 196.990
Statutes/Other Implemented: ORS
				  196.600  - 196.692 & 196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0827 - Non-motorized In-stream Placer Mining within ESH - Expiration and No Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Expiration of
			 In-stream Placer Mining Authorizations. Authorizations issued under this GA
			 expire on December 31 of each calendar year.
(2) No Transfer of Authorization. An
			 authorization cannot be transferred to another person.
Statutory/Other Authority: ORS
				  196.600-196.692  & 196.795-196.990
Statutes/Other Implemented: ORS
				  196.600-196.692  & 196.795-196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0830 - Non-motorized In-stream Placer Mining in ESH - Authorized Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Non-motorized in-stream placer mining within ESH that fills,
				removes, or moves cumulatively less than twenty-five (25) cubic yards of
				material annually. Material filled, removed, or moved includes the construction
				and removal of temporary dams.
Statutory/Other Authority: ORS
				  196.600  - 196.692 & 196.795 - 196.990
Statutes/Other Implemented: ORS
				  196.600  - 196.692 & 196.795 - 196.990