reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of these rules, the definitions contained in ORS
				196.800 apply. In addition, the
				following definitions apply:
(1)
			 "Buffer Area" means a non-wetland area adjacent to wetlands or waters of the
			 state that screens, shelters, protects or enhances the wetland or waterway
			 resource value.
(2) "Deep Draft
			 Development Estuary" means those estuaries designated as such under OAR Chapter
			 160, Division 17.
(3) "Fully
			 Offset" means to replace all wetland functions and values proposed for
			 development in a plan area by wetland creation, restoration or
			 enhancement.
(4) "Inventory" means
			 a map or series of maps and additional data showing wetland boundaries and
			 conditions.
(5) "Mitigation Plan"
			 means a written plan detailing the location, timing, type and methods to
			 replace proposed wetland losses through creation, restoration or enhancement of
			 wetland functions and values and the means to assure the long-term protection
			 and maintenance, and monitoring of mitigation sites.
(6) "Monitoring Provisions" means a written
			 plan that details the requirements and timing for monitoring and reporting
			 wetland resources, functions and characteristics.
(7) "Practicable Alternatives" means those
			 alternatives which are available and capable of being done, taking into
			 consideration environmental, economic and social factors.
(8) "State Wetland Inventory" means an
			 inventory which contains the location, wetlands types, and approximate
			 boundaries of wetlands in the State of Oregon. This inventory is continually
			 revised as additional information is received or obtained by the Division of
			 State Lands.
(9) "Substantial
			 Change in Circumstances" means any changes in law or physical conditions which
			 would adversely affect the wetland resources of a plan area.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.668 - ORS
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0010 - Request for Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 local government has developed a proposed wetland conservation plan pursuant to
			 ORS 196.678, it may request the
			 Director to review and approve the plan. Approval requests shall be sent to the
			 Director of the Division of State Lands.
(2) The approval request shall include:
(a) A letter or resolution from the governing
			 body of the local government requesting review by the Division;
(b) Six copies of the wetland conservation
			 plan, containing all information required by ORS
			 196.678(2), and
			 including implementing ordinances or land use regulations, inventories and
			 other factual information used in developing the plan. All maps of regulated
			 wetlands shall be at a scale of 1" = 200' or larger;
(c) A list of all documents used in
			 developing the wetland conservation plan that are not included with each plan
			 copy due to excessive volume or size. This list shall include minutes and any
			 "record of proceedings." The list shall briefly describe the contents of the
			 items not included and identify where those items may be examined. The local
			 government shall make such supporting documents available at hearings before
			 the Director held pursuant to OAR 141-086-0025;
(d) The name and address of the person
			 authorized to receive any and all correspondence from the Division;
			 and
(e) A list of the names and
			 addresses of all agencies, districts, and public or private citizen groups
			 affected by or interested in the proposed wetland conservation plan.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0012 - Proposed Order

Current through Register Vol. 63, No. 7, July 1, 2024
When the Director receives an approval request for a proposed
				wetland conservation plan as defined by ORS
				196.687, the Director shall
				conduct an evaluation of the submitted plan and determine if the plan complies
				with the requirements of ORS
				196.681 to
				196.684 and OAR 141-120-0000 through 141-120-0230. The Director shall then prepare a proposed written order
				pursuant to ORS 196.681(1)(b).
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.668 - ORS
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0015 - Notice of Opportunity for Comment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division shall, in writing, provide
			 notice of the opportunity for public comment on the proposed order, as required
			 by ORS 196.681(1)(c).
			 Such notice shall include the following:
(a) A
			 map showing the area affected;
(b)
			 A description of the city or county which would implement the plan;
(c) The location where the order may be
			 inspected by the general public if a copy of the order has not been included
			 with the notice;
(d) The location
			 where additional information concerning the plan may be inspected;
			 and
(e) The date by which public
			 comments submitted to the Division must be received.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0020 - Comments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After notice
			 has been provided pursuant to OAR 141-086-0015, there shall be a 30-day period
			 for all interested persons to submit written comments to the Division or to
			 request a public informational hearing. Such request for a hearing must be in
			 writing and must state reasonable grounds for holding the hearing.
(2) The Director shall consider those
			 comments and requests for hearing which are received by the Division within 30
			 days from the date notice is posted. At the Director's discretion, the Director
			 may consider comments which are received after the 30-day comment period has
			 expired. Also, if the Director holds a public informational hearing concerning
			 the proposed order, the time allowed for public comment shall be extended up to
			 and including the date upon which the hearing is held.
Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS
				  196.668 - ORS
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0021 - Notice of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the
			 Director's discretion, a public informational hearing may be held before
			 issuing a final order on the approval request.
(2) If the Director decides to hold a public
			 informational hearing, written notice of such hearing shall be given, as
			 required by ORS 196.681(1)(c).
			 Such notice shall be provided at least ten days before a hearing is held.
			 Notice of hearing may be included with the notice of opportunity for public
			 comment described in OAR 141-086-0015  or it may be provided separately after
			 public comments have been received by the Division. Notice shall include the
			 following:
(a) A map showing the area
			 affected;
(b) A description of the
			 city or county which would implement the plan;
(c) The location where additional information
			 concerning the plan can be inspected by the general public; and
(d) The date, time and location of the
			 hearing.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0022 - Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a public
			 informational hearing is held, the hearings officer shall state the purpose of
			 the hearing prior to submission of comments by members of the general public.
			 The hearings officer shall take appropriate procedural steps to accomplish the
			 purpose of the hearing.
(2)
			 Interested persons may submit written or oral comments concerning the proposed
			 order. Also, the hearings officer may request that specific persons submit
			 written or oral comments concerning the proposed order.
(3) This public informational hearing is
			 neither a contested case hearing nor a rulemaking hearing as defined in ORS
			 Chapter 183.
Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS
				  196.668 - ORS
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0025 - Final Agency Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Before making a final decision on the approval request, the Director shall
			 review the entire proposed plan, as well as comments submitted in accordance
			 with OAR 141-086-0020  and presented at hearing pursuant to OAR 141-086-0021. In
			 reviewing the plan, the Director may also rely upon information that is not
			 presented in the proposed plan or in submitted comments. The Director may
			 review and develop additional information and may rely upon the Director's own
			 knowledge.
(2) The results of this
			 evaluation shall be set forth in a written order pursuant to ORS
			 196.681(6).
			 Copies of the Director's order shall be sent to all parties listed in OAR
			 141-086-0015, all persons who submitted comments in accordance with OAR
			 141-086-0020, and all other persons who have requested a copy of the order
			 orally or in writing.
Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS
				  196.668 - ORS
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0030 - Review of Wetland Conservation Plans

Current through Register Vol. 63, No. 7, July 1, 2024
As described in ORS
				196.684(9), an
				order by the Director regarding approval, amendment or review of a wetland
				conservation plan shall be reviewable by the Land Use Board of Appeals as a
				land use decision of a state agency.
Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS
				  196.668 - ORS
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0035 - Annual Report

Current through Register Vol. 63, No. 7, July 1, 2024
If a wetland conservation plan is approved by the Division, the
				local government enacting the plan shall annually prepare a written report
				which addresses the current status of the plan. Such annual report shall be
				sent to the Director of the Division of State Lands. The first annual report
				must be received by the Division one year from the Division's issuance of the
				final order on the wetland conservation plan, as described in ORS
				196.681(6).
				Each subsequent annual report shall be received by the Division during that
				same month every year thereafter.
Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS
				  196.668 - ORS
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0040 - Amending a Wetland Conservation Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a local government has developed
			 proposed amendments to a land use plan or ordinance, and such amendments will
			 affect lands subject to a wetland conservation plan, the local government shall
			 notify the Division pursuant to ORS
			 196.684. Notice shall be sent to
			 the Director of the Division of State Lands.
(2) Such notice shall include:
(a) A letter or resolution from the governing
			 body of the local government requesting review by the Division;
(b) Six copies of the proposed amendments to
			 the land use plan, including implementing ordinances, related maps and other
			 factual information used in developing the amended plan; and
(c) The information described in OAR
			 141-086-0010(2)(c) through (e).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0045 - Notice of Opportunity for Comment on Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
The Division shall, in writing, provide notice of the
				opportunity for public comment on proposed amendments to a wetland conservation
				plan, as required by ORS
				196.684(3).
				Such notice shall be as described in OAR 141-086-0015  and comments must be
				submitted as described in OAR 141-086-0020.
Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS
				  196.668 - ORS
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0050 - Hearing on Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
At the Director's discretion, a public informational hearing
				may be held before taking final action on proposed amendments to a wetland
				conservation plan. Notice of such hearing, required by ORS
				196.684(3),
				shall be given as described in OAR 141-086-0021. Such hearing shall be held as
				described in OAR 141-086-0022.
Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS
				  196.668 - ORS
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0055 - Final Agency Decisions on Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director shall evaluate proposed
			 amendments to a land use plan and issue an order in the manner described in OAR
			 141-086-0025.
(2) In issuing an
			 order, the Director shall also follow the procedure described in ORS
			 196.684(4) and
			 (5).
Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS
				  196.668 - ORS
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0060 - Periodic Agency Review of Wetland Conservation Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division shall review each approved
			 wetland conservation plan every five years, as required by ORS
			 196.684(6).
(2) The Director shall, in writing, provide
			 notice of the opportunity for public comment on the plan, as required by ORS
			 196.684(7).
			 Such notice shall be given as described in OAR 141-086-0015.
(3) At the discretion of the Director, a
			 public informational hearing concerning the plan may be held. Such notice, as
			 required by ORS 196.684(7),
			 shall be given as described in OAR 141-086-0021. Such hearing shall be held as
			 described in OAR 141-086-0022.
(4)
			 Public comments concerning the plan should address the criteria set forth in
			 ORS 196.684(7).
Stat. Auth.: ORS 183 & ORS 196
Stats. Implemented: ORS
				  196.668 - ORS
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0100 - Duty to Notify of Proposed Activities Within Wetlands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The city or county shall notify the
			 Division of applications proposed within wetlands, as required by ORS
			 215.418 and
			 227.350, by delivering a
			 completed "Wetland Land Use Notification Form" for each proposed application to
			 the Division of State Lands.
(2)
			 The Division's response to a submitted notification form, under ORS
			 215.418(3) and
			 227.350(3),
			 shall be sent by the Division to the reporting city or county, the landowner,
			 and the applicant of the proposed activity.
The Form referenced in this rule is available from the
				  agency.
Stat. Auth.: ORS
				  196.800 -
				  196.990, 215& 227
Stats. Implemented: ORS
				  196.668 -
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0180 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				196.674 pertaining to the
				Statewide Wetlands Inventory (SWI), these rules establish a system for uniform
				wetland identification and comprehensive mapping. These rules also establish
				wetlands inventory standards for cities or counties developing a wetland
				conservation plan (WCP) pursuant to ORS
				196.678. A Local Wetlands
				Inventory (LWI) is developed for all or a portion of a city or county according
				to the standards and guidelines contained in these rules (OAR 141-086-0180 through 141-086-0240).
Stat. Auth.: ORS
				  196.674 -
				  196.681 &
				  196.692
Stats. Implemented: ORS
				  196.668 -
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0185 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Once approved
			 by the Department of State Lands (Department), the LWI must be used in place of
			 the National Wetlands Inventory (NWI) and is incorporated into the
			 SWI.
(2) The approved LWI must be
			 used by cities and counties in lieu of the NWI for notifying the Department of
			 land use applications affecting mapped wetlands and other waters (ORS
			 215.418 and
			 227.350).
(3) An LWI fulfills the wetlands inventory
			 requirements for Goal 5 and Goal 17 (OAR 660-015 and 660-023). An LWI that
			 meets the additional WCP requirements specified in these rules must be used as
			 the wetlands inventory basis for a WCP.
(4) A wetland function and condition
			 assessment of mapped wetlands must be conducted as part of the LWI using the
Oregon Freshwater Wetland Assessment Methodology
(
OFWAM
) published by the Department in 1996. An equivalent
			 functional assessment methodology may be used or adjustments may be made to
			 OFWAM upon written approval by the Director. The assessment results are used to
			 determine the relative quality (functions, values, and condition) of the mapped
			 wetlands and to designate significant wetlands (OAR 141-086-0300  through
			 141-086-0350) as required for Goal 5, or to assess wetland functions and values
			 for a WCP.
(5) An LWI is used by
			 the Department, other agencies and the public to help determine if wetlands or
			 other waters are present on particular land parcels.
(6) An LWI provides information for planning
			 purposes on the location of potentially regulated wetlands and other waters
			 such as lakes and streams, but is not of sufficient detail for permitting
			 purposes under the state Removal-Fill Law (ORS
			 196.800 through
			 196.990). Smaller wetlands may
			 not be mapped, and wetlands may be missed due to lack of onsite access, tree
			 canopy cover and other constraints. A wetland delineation or determination
			 report may be needed for parcels without LWI-mapped wetlands. A
			 Department-approved wetland delineation report for wetlands identified in an
			 LWI is usually needed prior to site development.
(7) All wetlands inventory procedures and
			 products are subject to review and approval by the Department before the
			 products:
(a) Are incorporated into the
			 SWI;
(b) Can be used in lieu of the
			 NWI for Wetland Land Use Notification purposes; or
(c) Can be used by a city or county for Goal
			 5, Goal 17 or WCP purposes.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0210 - Inventory Development Process and Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Wetland determinations conducted for the
			 purpose of developing the LWI must be conducted according to the criteria,
			 methodologies and guidance currently accepted by the Department (OAR 141-090 et
			 seq.).
(2) Sources of inventory
			 information must include:
(a) U.S.D.A. Natural
			 Resources Conservation Service county soil survey and county list of hydric
			 soils and soils with hydric inclusions, or other available soil
			 surveys;
(b) NWI maps;
(c) USGS topographic maps;
(d) Federal Emergency Management Act
			 floodplain maps, where available;
(e) Other available local wetlands
			 inventories or wildlife habitat inventories that include wetlands;
(f) Department wetland
			 determination/delineation files; and
(g) High resolution (1 meter or finer) color
			 and color infrared (where available) aerial photos taken within five years of
			 inventory initiation. The minimum photo scale must be 1 inch = 200 feet unless
			 another scale is approved by the Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0220 - LWI Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A report
			 that meets the requirements in OAR 141-086-0220 (2) and (3)  must be developed
			 and submitted to the Department for approval. A minimum of two sets of the
			 final Department-approved LWI report in both paper and electronic format (.pdf
			 file format) must be prepared; one set must be provided to the Department for
			 inclusion in the SWI and the other must be provided to the local
			 government.
(2) The report must
			 document the inventory and mapping processes and results, and include the
			 following information:
(a) A general
			 description of the study area including a description of the landscape
			 setting;
(b) A description of the
			 wetland inventory process including the public involvement process; the
			 inventory methods including the date(s) and scale(s) of source maps and aerial
			 photos used; the offsite and onsite wetland determination procedures including
			 procedures used for visual confirmation and probable wetland identification;
			 and all mapping and map transfer procedures used;
(c) A summary of the inventory results
			 including the total acreage of the study area and the total number and acreage
			 of wetlands identified within the study area, excluding the acreage of
			 deepwater habitat and artificially created wetlands such as detention ponds or
			 aggregate extraction ponds;
(d) A
			 discussion of the OFWAM assessment process (e.g. how assessment units were
			 defined) and the results;
(e) A
			 summary of Locally Significant Wetlands, if identified (may be in table
			 format); and
(f) All figures, with
			 the study area clearly outlined.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0222 - Paper Map Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Maps
			 that meet the requirements in OAR 141-086-0222(2) through (5)  must be developed
			 and submitted to the Department for approval. A minimum of two sets of the
			 final Department-approved LWI maps in both paper and electronic format (.pdf
			 file) must be prepared; one set must be provided to the Department for
			 inclusion in the SWI and the other must be provided to the local
			 government.
(2) If the study area
			 is covered by more than one wetland map, a single, smaller scale reference map
			 of the complete study area is required. The reference map shall be indexed to
			 the individual, large-scale maps and show, at a minimum, the Public Land Survey
			 System grid, the location and code of all identified wetlands, streams, the
			 study area boundary, and major, named streets.
(3) Wetland maps must include:
(a) Map name;
(b) Scale bar;
(c) Geographic reference to the Public Land
			 Survey System;
(d) Roads, with
			 major roads named, and railroads;
(e) Streams and stream names;
(f) Artificially created wetlands and other
			 waters labeled with their purpose (e.g. storm water pond);
(g) Tax lot lines;
(h) Watershed boundaries at the 6th field
			 Hydrologic Unit Code scale as defined by the US Geological Survey or
			 finer;
(i) Legend that explains all
			 map symbols, line work, and patterns;
(j) Map date (month and year final map
			 prepared);
(k) All wetlands,
			 clearly and accurately drawn and clearly identified by a unique wetland code
			 that relates each wetland to field data forms, tables, databases, wetland
			 summary sheets, and OFWAM summary forms;
(l) Cowardin classification(s) of each
			 wetland per 141-086-0210 (15a & 16);
(m) Disclaimer that reads: "Information shown
			 on this map is for planning purposes, represents the conditions that exist at
			 the map date, and is subject to change. The location and extent of wetlands and
			 other waters is approximate. There may be unmapped wetlands and other waters
			 present that are subject to regulation. A current Oregon Department of State
			 Lands-approved wetland delineation is required for state removal-fill permits.
			 You are advised to contact the Department of State Lands and the U.S. Army
			 Corps of Engineers with any regulatory questions."
(n) Numbered sample plots; and
(o) Study area boundary as defined by the
			 local government.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0225 - Digital Data Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 minimum of two sets of the final Department-approved LWI geospatial datasets
			 must be prepared; one set must be provided to the Department for inclusion in
			 the SWI and the other must be provided to the local government.
(2) A georeferenced ArcGIS compatible dataset
			 with attribute tables and metadata must be developed for each of the following:
(a) Wetland polygons with a unique wetland
			 identification label, Cowardin classification code(s) and modifiers, HGM
			 classification, approximate wetland size, Locally Significant Wetland
			 significance determination (if made), whether it was visually confirmed, and
			 the Department's wetland delineation report file number, if any.
(b) Probable wetland points with PW
			 label;
(c) Streams with unique
			 identification labels and, where available, names;
(d) Other natural bodies of water with
			 names;
(e) Artificially created
			 wetlands and water features (such as irrigation canals and ditches, industrial
			 ponds, log ponds, golf course features, and storm water detention ponds)
			 uniquely identified and purpose of artificially-created feature, if
			 known;
(f) Watershed boundaries
			 (6th order Hydrologic Unit Code scale or finer);
(g) Study area boundary;
(h) Tax lot lines and numbers;
(i) Sample plot dataset with unique
			 identification labels that correspond to the field data form; and
(j) Major streets with name labels.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0228 - Review and Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A draft of all the LWI products required in OAR 141-086-0210  through -0225 of
			 these rules must be provided to the Department (if the inventory was not
			 developed by the Department) and the local government(s) for review.
(2) The local government must provide
			 opportunity for public review of and comment on the draft LWI
			 products.
(3) Public and local
			 government comments on draft LWI products must be provided to the Department.
			 The Department will request in writing from the party responsible for preparing
			 the LWI any revisions or additions required in order for the LWI to be
			 approved.
(4) The Department will
			 review final products to ensure that all changes requested by the Department
			 have been adequately addressed.
(5)
			 If the final LWI products meet the requirements in these rules, the Department
			 will send a letter of approval to the local government.
Stat. Auth.: ORS
				  273.045
Stats. Implemented: ORS
				  196.668 -
				  196.686 &
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0230 - Revisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A city or
			 county may elect to or may be required by the Department of Land Conservation
			 and Development (DLCD) to revise their LWI. An LWI revision consists of either
			 expanding the study area of an existing LWI or incorporating new wetland
			 location and information into an existing LWI study area. The provisions in
			 subsections (a) through (d) must be followed when an LWI is being revised.
(a) All Urban Growth Boundary expansion areas
			 or other areas not included in the original LWI study area must be inventoried
			 according to the requirements in these rules. If the original LWI area is not
			 updated at the same time, it may still be necessary to update the LWI area
			 adjacent to the new LWI area in order to align wetlands that are continuous
			 between the two areas.
(b) When an
			 LWI is being updated, newly identified wetlands or wetland boundary changes
			 equal to or greater than one half of an acre must be identified, mapped and
			 assessed using OFWAM.
(c) Sources
			 of information for review of the previous study area to update the LWI must at
			 a minimum include:
(A) Wetland delineation
			 reports approved by the Department or map errors verified by the Department
			 after the date of the approved LWI;
(B) Aerial photos approved by the Department,
			 taken within five years of inventory revision initiation; and
(C) A field reconnaissance of the study
			 area.
(d) Wetlands not
			 previously mapped on the LWI must be verified by establishing a sample plot or
			 by visual confirmation as required in OAR 141-086-0210(7) and (8)  of this rule;
			 previously mapped wetlands no longer apparent on aerial photos must also be
			 verified with a sample plot or visually confirmed as necessary to confirm their
			 absence.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0240 - Landowner Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 the LWI is approved by the Department, the local jurisdiction must notify by
			 mail within one hundred twenty (120) calendar days all landowners of record
			 whose parcel contains or abuts a mapped wetland or probable wetland.
(2) The local jurisdiction must provide one
			 copy of the landowner notification letter to the Department.
Stat. Auth.: ORS
				  196.674 -
				  196.681 &
				  196.692
Stats. Implemented: ORS
				  196.668 -
				  196.692
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 197.279(3)
				directs the Division of State Lands to establish these criteria and procedures
				for the identification of significant wetlands under Statewide Planning Goal 5.
				Local governments will use these technical standards to complete their planning
				responsibilities for wetlands, which are established by the Land Conservation
				and Development Commission (OAR 660-023-0100).
Stat. Auth.: ORS 273 .360
Stats. Implemented: ORS
				  197.299
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0310 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
To protect the state's wetland resources, the functions and
				services they provide, and all interests, it is important that clear and
				consistent criteria be used to identify significant wetlands for planning
				purposes.
Stat. Auth.: : ORS 273 .360
Stats. Implemented: ORS
				  197.299
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0320 - Uses and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules provide standard criteria for local governments to use to meet their
			 obligations for freshwater wetland planning as set forth by the Land
			 Conservation and Development Commission (LCDC) in Goal 5. These rules do not
			 address planning requirements for estuarine wetlands, which are covered under
			 Statewide Planning Goal 16.
(2)
			 Local governments shall apply the criteria for identifying locally significant
			 wetlands (LSW). As specified in LCDC's Goal 5 rules (OAR 660-023-0100), the use
			 of these criteria is required within urban growth boundaries (UGBs) and urban
			 unincorporated communities (UUCs). The Goal 5 rules also authorize an option
			 for counties to conduct detailed wetland planning in areas outside of UGBs and
			 UUCs. Should a county choose to do so, the same rules and procedures as for
			 UGBs and UUCs shall apply, including these criteria for significant
			 wetlands.
(3) As provided by LCDC's
			 Goal 5 rules (OAR Chapter 660, Division 23), local government planning and
			 zoning responsibilities include the determination, designation, and protection
			 of significant wetlands. A community that has identified significant wetlands
			 prior to this rule should proceed under the provisions of OAR
			 660-023-0250.
Stat. Auth.: ORS 273 .360
Stats. Implemented: ORS
				  197.299
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0330 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Director"
			 means the Director of the Division of State Lands or the Director's
			 designee.
(2) "Division" means the
			 Division of State Lands.
(3)
			 "Indigenous Anadromous Salmonids" are chum, sockeye, Chinook and Coho salmon,
			 and steelhead and cutthroat trout, that are members of the family Salmonidae
			 and are listed as sensitive, threatened or endangered by a state or federal
			 authority.
(4) "Inhabited by" means
			 that a plant or animal species uses the site for rearing, feeding, or breeding
			 or as a migration or dispersal corridor. This does not include incidental use
			 of the site by an animal species.
(5) "Locally Significant Wetlands" or "LSW"
			 are those wetland sites that provide functions or exhibit characteristics that
			 are pertinent to community planning decisions made at a local scale, for
			 example within a UGB. These wetland sites shall be identified by local
			 governments according to the criteria and procedures in sections 141-086-0340  and 141-086-0350.
(6) "Native Plant
			 Community" is used here to indicate a recognized assemblage of plant species
			 indigenous to Oregon. All such wetland plant communities are listed in the most
			 recent version of Classification and Catalog of Native Wetland Plant
			 Communities in Oregon (Oregon Natural Heritage Program).
(7) "Rare Plant Community" is defined as
			 relictual, uncommon or unique in Oregon, determined by number of occurrences
			 and threats following national heritage program criteria (i.e., rarity ranking
			 of G1-G3 or S1-S3). The most concise listing of wetland plant communities in
			 Oregon that meet this standard for rarity is found in Appendix G of the Oregon
			 Freshwater Wetland Assessment Methodology (Oregon Division of State Lands,
			 1996). The rarity rank of all wetland plant communities is also listed in the
			 most recent version of Classification and Catalog of Native Wetland Plant
			 Communities in Oregon (Oregon Natural Heritage Program).
(8) "Wetlands" means those areas that are
			 inundated or saturated by surface or ground water at a frequency and duration
			 sufficient to support, and that under normal circumstances do support, a
			 prevalence of vegetation typically adapted for life in saturated soil
			 conditions.
Stat. Auth.: ORS 273 .360
Stats. Implemented: ORS
				  197.299
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0340 - Procedures for Identifying Locally Significant Wetlands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) LSW criteria are applied by the local
			 government.
(2) The following base
			 information is required prior to applying the LSW criteria:
(a) An approved Local Wetlands Inventory (OAR
			 141-086-0110 through 141-086-0240) covering the plan area; and
(b) A function and quality assessment of all
			 inventoried wetlands using the Oregon Freshwater Wetland Assessment Methodology
			 (OFWAM; Oregon Division of State Lands, 1996). Functional assessment
			 descriptors from OFWAM appear in quotation marks in section 146-086-0350 of
			 these rules. An equivalent functional assessment methodology may be used, or
			 adjustments may be made, upon written approval by the Director. If a different
			 assessment methodology is approved, then equivalent terminology will be set out
			 in the Division's letter of approval.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0350 - Locally Significant Wetland Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Exclusions. Regardless of their standing
			 in relation to the criteria in OAR 141-086-0350(2) or (3)  of these rules,
			 wetlands shall not be designated as locally significant if they fall within any
			 one of the following categories:
(a) Wetlands
			 artificially created entirely from upland that are:
(A) Created for the purpose of controlling,
			 storing, or maintaining stormwater; or
(B) Active surface mining or active log
			 ponds; or
(C) Ditches without a
			 free and open connection to natural waters of the state (as defined in OAR
			 141-085-0010(9)) and which do not contain food or game fish (as defined in ORS
			 496.009); or:
(D) Less than one acre in size and created
			 unintentionally as the result of:
(i)
			 Irrigation water overflow or leakage; or
(ii) Construction activity not related to
			 compensatory mitigation for permitted wetland impacts; or
(E) Of any size and created for the purpose
			 of wastewater treatment, cranberry production, farm or stock watering, settling
			 of sediment, cooling industrial water, or as a golf course hazard.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0360 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				197.279,
				196.672 and
				196.674, these rules establish
				procedures and criteria for identifying wetlands of statewide significance,
				called "outstanding state wetlands." These rules complement the rules for
				identifying locally significant wetlands (OAR 141-086-0300  through 141-086-0350).
Stat. Auth.: ORS 273 .045 & ORS 273 .051
Stats. Implemented: ORS
				  197.279(3), ORS
				  196.672 & ORS
				  196.674
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0370 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
"Classification"
means the designation of wetlands into
			 hydrogeomorphic classes and subclasses. For example, "riverine" would be one
			 class of wetlands.
(2)
"Director"
means the Director of the Division of State Lands or
			 the Director's designee.
(3)
"Division"
means the Division of State Lands.
(4)
"Functional Assessment"
means the process by which the capacity of a wetland to perform a certain
			 function or group of functions is measured. Such functions would include but
			 are not limited to: surface water storage, sediment removal, and maintenance of
			 characteristic plant communities.
(5) The "
Hydrogeomorphic Method"
or
"HGM"
is a scientific method of wetland classification and
			 functional assessment based on a wetland's location in the landscape and the
			 sources and duration of water flow. The HGM approach identifies the wetland
			 classes present in each region, defines the functions that each class of
			 wetlands performs, and establishes reference sites to define the range of
			 functioning of each wetland class.
(6)
"Outstanding State Wetlands"
or
"OSWs"
are reference standard wetlands identified within each
			 Oregon region.
(7)
"Reference
			 Standard Wetlands"
are one component of an HGM and, for the purposes of
			 these rules, are those sites that best exhibit the highest sustainable level of
			 functional capacity for the functions performed by the regional wetland class
			 or subclass.
(8)
"Region"
means an ecosystem-based geographical subdivision of the
			 state, such as the Level III and IV Ecoregions of Oregon (e.g., the Willamette
			 Valley) mapped by the U. S. Environmental Protection Agency.
(9)
"Wetlands"
means those areas
			 that are inundated or saturated by surface or ground water at a frequency and
			 duration sufficient to support, and that under normal circumstances do support,
			 a prevalence of vegetation typically adapted for life in saturated soil
			 conditions.
Stat. Auth.: ORS 273 .045 & ORS 273 .051
Stats. Implemented: ORS
				  197.279(3), ORS
				  196.672 & ORS
				  196.674
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0380 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules set
			 forth the criteria and procedures by which the Division will identify
			 outstanding state wetlands and provide the information to local governments.
			 Due to the state's interest in OSWs and the expertise required for their
			 identification, the Division is responsible for applying these rules.
(2) The Land Conservation and Development
			 Commission will determine any local land use planning responsibilities
			 regarding OSWs identified by the Division.
(3) OSWs identified according to these rules
			 become part of the Statewide Wetlands Inventory.
Stat. Auth.: ORS 273 .045 & ORS 273 .051
Stats. Implemented: ORS
				  197.279(3), ORS
				  196.672 & ORS
				  196.674
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 86 - WETLAND CONSERVATION PLAN › Section 141-086-0390 - Criteria and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 wetland shall be identified as an OSW if it is judged by the Division to be a
			 reference standard wetland as defined in sections 141-086-0370(7).
(2) The Division may convene one or more
			 technical panel(s) of wetland scientists with expertise in wetland functions,
			 wetland classification, and/or regional wetland types in Oregon. The technical
			 panel(s) will assist the Division in developing the hydrogeomorphic
			 classification and functional assessment method (HGM) for Oregon, identifying
			 the regional wetland classes and subclasses, primary functions, and reference
			 standard wetlands. The Oregon HGM will be developed in stages, region by
			 region, as resources allow. The Oregon HGM will be developed in cooperation
			 with the Army Corps of Engineers, Environmental Protection Agency, Natural
			 Resources Conservation Service, state resource agencies, and others as
			 appropriate, and will incorporate protocols developed by the U.S. Army Corps of
			 Engineers Waterways Experiment Station (for example, Technical Report WRP-DE-9,
			 R. D. Smith et al., 1995).
(3)
			 Prior to designating a reference standard wetland as an OSW, the Division
			 shall:
(a) Identify and map site
			 boundaries;
(b) Develop management
			 recommendations to conserve and protect the documented wetland functions of the
			 site;
(c) Develop draft findings
			 describing how the site has met the standards for an OSW;
(d) Provide public notice on the draft
			 findings to the local government, affected landowners and land managers and
			 other interested parties, and provide a 45-day public comment period;
(e) Hold at least one public meeting within
			 the area of the proposed OSW(s) during the comment period; and
(f) Finalize the findings and site boundaries
			 after consideration of public comment.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 87 - HYDROELECTRIC PROJECTS › Section 141-087-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Board" --
			 State Land Board.
(2) "Division" --
			 Division of State Lands.
(3) "Lands
			 within jurisdiction of the Board" -- Lands which have been placed under the
			 Board's jurisdiction by the Constitution of Oregon or the Oregon state
			 legislature. These lands include, but are not limited to, Common School Fund
			 lands and submerged and submersible lands.
(4) "Resource" -- All values of the land
			 including, but not limited to, timber, grazing, recreational, scenic and
			 hydroelectric power generation.
Stat. Auth.: ORS 273 & ORS 274
Stats. Implemented: ORS 273 & ORS 274
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 87 - HYDROELECTRIC PROJECTS › Section 141-087-0010 - Application of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
These rules shall apply to all hydroelectric projects located
				on lands within the Board's jurisdiction which have not received final approval
				for all state, local, and federal permits and licenses. The approval standards
				of these rules shall not apply at any time to projects which are in existence
				or have received all state, local and federal approval on or before December
				31, 1985. However, a lease shall be issued and the fee requirements imposed on
				all such projects at the time of renewal of the project license or exemption by
				the Federal Energy Regulatory Commission (FERC), or within 50 years after the
				date of commencing power production, whichever occurs first.
Stat. Auth.: ORS 273 & ORS 274
Stats. Implemented: ORS 273 & ORS 274
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 87 - HYDROELECTRIC PROJECTS › Section 141-087-0015 - Division Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
The Division shall review the following applications to
				determine if the proposed hydroelectric project is to be constructed on lands
				within the jurisdiction of the Board:
(1) Applications with the Federal Energy
			 Regulatory Commission (FERC) for a preliminary permit or license to operate a
			 hydroelectric project or for an exemption from the FERC licensing
			 process.
(2) Applications for a
			 right to appropriate water for hydroelectric power under ORS Chapter
			 537.
(3) Applications for a
			 preliminary permit or a hydroelectric license under ORS Chapter 543.
(4) Applications for local land use approval
			 for a proposed hydroelectric project.
(5) Applications for a site certificate from
			 the Energy Facility Siting Council (EFSC) under ORS Chapter 469.
Stat. Auth.: ORS 273 & ORS 274
Stats. Implemented: ORS 273 & ORS 274