reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3440 - Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Landowners must
			 comply with OAR 603-95-3440(2) through (3) within the following limitations. A
			 landowner is responsible for only those conditions resulting from activities
			 controlled by the landowner. A landowner is not responsible for conditions
			 resulting from activities by landowners on other lands. A landowner is not
			 responsible for conditions that: are natural, could not have been reasonably
			 anticipated, or that result from unusual weather events or other exceptional
			 circumstances.
(2) Streamside
			 Riparian Area Management:
(a) Effective
			 January 1, 2009, agricultural management must allow establishment, growth, and
			 active recruitment of streamside riparian vegetation, consistent with site
			 capability, to moderate solar heating, stabilize streambanks, and filter
			 sediment and nutrients from overland flows.
(b) Except as provided in (a), grazing, weed
			 control, and other common agricultural activities are allowed in riparian
			 areas.
(c) Water gaps and hardened
			 crossings are allowed in streams that otherwise meet conditions required under
			 (a).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3460 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an alleged occurrence of agricultural
			 pollution through a written complaint, its own observation, through
			 notification by another agency, or by other means, the department may conduct
			 an investigation. The department may, at its discretion, coordinate inspection
			 activities with the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution will be evaluated in accordance with the criteria in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-3460(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3500 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan for the
			 Curry County Agricultural Water Quality Management Area pursuant to authorities
			 vested in the department through ORS
			 568.900 -
			 568.933 and
			 561.190 -
			 561.191. The area plan is known
			 as the Curry County Agricultural Water Quality Management Area Plan.
(2) The purpose of these rules is to outline
			 requirements for landowners in the Curry County Agricultural Water Quality
			 Management Area to prevent and control water pollution from agricultural
			 activities and soil erosion. Compliance with division 95 rules (OARs
			 603-095-3500 through 603-095-3560) is expected to aid in the achievement of
			 applicable water quality standards in the Curry County Water Quality Management
			 Area.
Stat. Auth.: ORS
				  561.191,
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3520 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Curry County Agricultural Water
			 Quality Management Area is comprised of all Curry County drainages and the
			 Floras Creek drainage that extends into Coos County. The physical boundaries of
			 the Management Area are indicated on the map included as
Appendix
			 1
of these rules.
(2)
			 Operational boundaries for the land base under the purview of these rules
			 include all lands within the Curry County Agricultural Water Quality Management
			 Area in agricultural use, agricultural and rural lands that are lying idle or
			 on which management has been deferred, and forested lands with agricultural
			 activities, with the exception of public lands managed by federal agencies.
			 These rules (OAR 603-095-3500 through 603-095-3560) will affect any lands in
			 agricultural use on all non-Federal and non-Tribal lands in the Curry County
			 Agricultural Water Quality Management Area.
(a) Agricultural use does not include the use
			 of land for garden plots primarily used for the cultivation of vegetables,
			 flowers, herbs, or fruits for non-commercial use.
(b) The provisions of the Curry County
			 Agricultural Water Quality Management Area Plan and OARs 603-095-3500 through
			 603-095-3560 shall not apply to any forest activity subject to the Oregon
			 Forest Practices Act, ORS
			 527.610
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3540 - Unacceptable Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 landowners or operators conducting activities on lands in agricultural use will
			 comply with the following criteria. A landowner is responsible for only those
			 conditions resulting from activities controlled by the landowner. A landowner
			 is not responsible for conditions resulting from actions by another landowner
			 on other lands. A landowner is not responsible for conditions resulting from
			 unusual weather events or other exceptional circumstances that could not have
			 been reasonably anticipated. A landowner is not responsible for natural
			 increases in nutrient or temperature loading.
(2) Effective on rule adoption, no person
			 subject to these rules shall violate any provision of ORS
			 468B.025 or
			 468B.050.
(3) Effective June 3, 2007, agricultural
			 management activities in the riparian area of perennial streams will be
			 conducted in a manner that allows for the establishment, growth, and
			 maintenance of riparian vegetation consistent with vegetative site capability
			 so as to provide streambank stability and shade.
(a) Exemptions from OAR 603-095-3540(3) are:
(A) Stream crossings, access for irrigation
			 equipment and other accepted water dependent agricultural uses when conducted
			 in a manner that minimizes impacts on streambank stability.
(B) Streams that do not support native trout
			 and are inaccessible to anandromous fish because of barriers at their junction
			 with the Pacific Ocean.
(C) This
			 rule is not intended to prohibit riparian grazing where it can done while
			 meeting the above vegetative conditions.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3560 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an alleged occurrence of agricultural
			 pollution through a written complaint, its own observation, or through
			 notification by another agency, the department may conduct an investigation.
			 The department may, at its discretion, coordinate inspection activities with
			 the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution shall be evaluated in accordance with the criteria in
			 ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-3560(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3600 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan for the
			 Powder/Brownlee Agricultural Water Quality Management Area pursuant to
			 authorities vested in the department through ORS
			 568.900-568.933. The area plan is known
			 as the Powder/Brownlee Agricultural Water Quality Management Area
			 Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Powder/Brownlee
			 Agricultural Water Quality Management Area to prevent and control water
			 pollution from agricultural activities and soil erosion. Compliance with
			 division 95 rules is expected to aid in the achievement of applicable water
			 quality standards in the Powder/Brownlee Agricultural Water Quality Management
			 Area.
(3) Failure to comply with
			 any provisions of the Powder/Brownlee Agricultural Water Quality Management
			 Area Plan:
(a) does not constitute a
			 violation of OAR 603-095-0000 to 603-090-0120, or of 603-095-0010 to
			 635-095-3660;
(b) is not intended
			 by the department to be evidence of a violation of any federal, state, or local
			 law by any person.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3620 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Powder/Brownlee Agricultural Water
			 Quality Management Area includes the portions of the following sub-basins that
			 are within the boundaries of the state of Oregon: the Powder (HUC 17050203) and
			 the Brownlee Reservoir (HUC 17050201). The physical boundaries of the
			 Powder/Brownlee Agricultural Water Quality Management Area are indicated on the
			 map included as Appendix 1 of these rules.
(2) Operational boundaries for the land base
			 under the purview of these rules include all lands within the Powder/Brownlee
			 Agricultural Water Quality Management Area in agricultural use, agricultural
			 and rural lands that are lying idle or on which management has been deferred,
			 and forest lands with agricultural activities, with the exception of public
			 lands managed by federal agencies.
(3) Current productive agricultural use is
			 not required for the provisions of these rules to apply. For example, highly
			 erodible lands with no present active use are within the purview of these
			 rules.
(4) The provisions and
			 requirements outlined in these rules may be adopted by reference by Designated
			 Management Agencies with appropriate authority and responsibilities in other
			 geographic areas of the Powder/Brownlee Agricultural Water Quality Management
			 Area.
(5) For lands in agricultural
			 use within other Designated Management Agencies' or state agency jurisdictions,
			 the department and the appropriate Local Management Agency shall work with
			 these Designated Management Agencies to assure that provisions of these rules
			 apply and to assure that duplication of any services provided or fees assessed
			 does not occur.
Statutory Authority: ORS
				  561.190-561.191, ORS
				  568.912
Stats. Implemented: ORS
				  568.900-568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3640 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A landowner shall be responsible for only those conditions caused by activities
			 conducted on land owned or managed by the landowner. Criteria do not apply to
			 conditions resulting from unusual weather events or other exceptional
			 circumstances that could not have been reasonably anticipated.
(2) Pollution Control and Waste Management:
			 Effective on rule adoption. No person subject to these rules shall violate any
			 provision of ORS 468B.025 or
			 468B.050.
(3) Streamside Conditions
(a) By January 1, 2006, activities will allow
			 the establishment and development of riparian vegetation, consistent with site
			 capability. Site capability will be determined by ODA in consultation with
			 local resource management agencies.
(b) Landowners are not responsible for
			 browsing and grazing by wildlife.
(c) The rule does not specify any activities
			 that must cease and does not require any particular activity to take
			 place.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3660 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an alleged occurrence of agricultural
			 pollution through a written complaint, its own observation, through
			 notification by another agency, or by other means, the department may conduct
			 an investigation. The department may, at its discretion, coordinate
			 investigation activities with the appropriate Local Management
			 Agency.
(2) Each notice of an
			 alleged occurrence of agricultural pollution shall be evaluated in accordance
			 with the criteria in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-3660(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3700 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan for the
			 subbasin pursuant to authorities vested in the department through ORS
			 568.900-568.933. The area plan is known
			 as the Lower Willamette Agricultural Water Quality Management Area
			 Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Lower Willamette
			 Agricultural Water Quality Management Area for the prevention and control of
			 water pollution from agricultural activities and soil erosion. Compliance with
			 division 95 rules is expected to aid in the achievement of applicable water
			 quality standards.
Stat. Auth: ORS
				  561.190 -
				  561.191 &
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3720 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Lower Willamette Agricultural Water
			 Quality Management Area includes the area that drains into the Willamette River
			 between a point due east of Bolton and the confluence with the Columbia River.
			 Also included are areas that drain into the Columbia Slough between a point
			 straight north of Troutdale and the confluence with the Willamette River and
			 the area that drains into Multnomah Slough from the south between the
			 Columbia/Multnomah County line and the confluence with the Willamette River.
			 The physical boundaries of the Lower Willamette Agricultural Water Quality
			 Management Area are indicated on the map included as an attachment to these
			 rules.
(2) Operational boundaries
			 for the land base under the purview of these rules include all agricultural and
			 rural lands within the Lower Willamette Agricultural Water Quality Management
			 Area with the exception of public lands managed by federal agencies and
			 activities that are subject to the Oregon Forest Practices Act.
(3) The provisions of these rules apply to
			 all agricultural land whether or not in current productive agricultural
			 use.
(4) For lands in agricultural
			 use within other Designated Management Agencies' or state agency jurisdictions,
			 the Department and the appropriate Local Management Agency shall work with
			 these Designated Management Agencies to assure that provisions of these rules
			 apply, and to assure that duplication of any services provided or fees assessed
			 does not occur.
Stat. Auth: ORS
				  561.190 -
				  561.191 &
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3740 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All landowners or operators conducting activities on agricultural and rural
			 lands are provided the following exemptions from the requirements of OAR
			 603-095-3740 (Prevention and Control Measures).
(a) A landowner or operator shall be
			 responsible for only those conditions caused by activities conducted on land
			 managed by the landowner or operator.
(b) Rules do not apply to conditions
			 resulting from unusual weather events or other circumstances not within the
			 reasonable control of the landowner or operator. Within the reasonable control
			 of the landowner means that technically sound and economically feasible
			 measures must be available to address conditions described in Prevention and
			 Control Measures.
(c) The
			 Department may allow temporary exceptions when a specific integrated pest
			 management plan is in place to deal with certain weed or pest
			 problems.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3760 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the Department receives notice of an alleged occurrence of agricultural
			 pollution it may conduct an investigation. The department will coordinate
			 inspection activities with the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution shall be evaluated in accordance with the criteria in
			 ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-3760(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3800 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan for the
			 Klamath Headwaters Agricultural Water Quality Management Area pursuant to
			 authorities vested in the department through ORS
			 568.900 -
			 568.933 and
			 561.190 -
			 561.191. The area plan is known
			 as the Klamath Headwaters Agricultural Water Quality Management Area
			 Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Klamath Headwaters
			 Agricultural Water Quality Management Area to prevent and control water
			 pollution from agricultural activities and soil erosion. Compliance with
			 division 95 rules (OARs 603-095-3800 through 603-095-3860) is expected to aid
			 in the achievement of applicable water quality standards in the Klamath
			 Headwaters Agricultural Water Quality Management Area.
Stat. Auth: ORS
				  561.190 -
				  561.191,
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3820 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Klamath Headwaters Agricultural Water
			 Quality Management Area is comprised of the Upper Klamath Lake drainages, the
			 west Klamath River drainages including the headwaters of Spencer Creek in
			 Klamath County and Jenny, Cottonwood and Colstein Creeks in Jackson County, and
			 excludes the entire Lost River Drainage and the Klamath Project lands on the
			 west side of the Klamath River down to the Keno dam. The physical boundaries of
			 the Management Area are indicated on the map included as Attachment 1 of these
			 rules.
(2) Operational boundaries
			 for the land base under the purview of these rules include all lands within the
			 Klamath Headwaters Agricultural Water Quality Management Area in agricultural
			 use, agricultural and rural lands that are lying idle or on which management
			 has been deferred, and forested lands with agricultural activities, with the
			 exception of public lands managed by federal agencies. These rules (OAR
			 603-095-3800 through 603-095-3860) will affect any lands in agricultural use on
			 all non-Federal and non-Tribal lands in the Klamath Headwaters Agricultural
			 Water Quality Management Area.
(a)
			 Agricultural use does not include the use of land for garden plots used for the
			 cultivation of vegetables, flowers, herbs, or fruits for non-commercial,
			 personal use.
(b) The provisions of
			 the Klamath Headwaters Agricultural Water Quality Management Area Plan and OARs
			 603-095-3800 through 603-095-3860 shall not apply to any forest activity
			 subject to the Oregon Forest Practices Act, ORS
			 527.610.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3840 - Unacceptable Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 landowners or operators conducting activities on lands in agricultural use will
			 comply with the following criteria. A landowner is responsible for only those
			 conditions resulting from activities caused by the landowner. A landowner is
			 not responsible for conditions resulting from actions by another landowner on
			 other lands. A landowner is not responsible for conditions resulting from
			 unusual weather events or other exceptional circumstances that could not have
			 been reasonably anticipated. A landowner is not responsible for natural
			 increases in nutrient or temperature loading.
(2) Excessive Sheet and Rill Erosion:
			 Effective January 1, 2007. Combined sheet, rill and wind erosion of soil
			 averaged through a crop rotation period shall not be greater than the soil-loss
			 tolerance value (T).
(3)
			 Nonfunctional Riparian Conditions: Effective January 1, 2007.
(a) Agricultural activities must not create
			 riparian conditions that are downward-trending according to Technical Reference
			 1737-15, 1998, United States Department of Interior, Bureau of Land Management
			 (Proper Functioning Condition) guidelines or that degrade stream shading
			 consistent with site capability.
(b) Agricultural activities must not prevent
			 riparian areas rated as non-functional by Proper Functioning Condition
			 Guidelines from improving consistent with site capability.
(c) Exemptions from OAR 603-095-3840(3)(a)
			 and (b).
(A) Limited duration agricultural
			 activities such as pump installation or livestock crossings provided they do
			 not compromise achieving the conditions described in 603-095-3840(3)(a) and
			 (b).
(B) Constructed irrigation
			 delivery systems, dikes, borrow pits, drainage ditches, and ponds not
			 hydraulically connected to waters of the State.
(d) This rule is not intended to prohibit
			 riparian grazing where it can be managed to meet water quality
			 standards.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3860 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an alleged occurrence of agricultural
			 pollution through a written complaint, its own observation, or through
			 notification by another agency, the department may conduct an investigation.
			 The department may, at its discretion, coordinate inspection activities with
			 the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution shall be evaluated in accordance with the criteria in
			 ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-3860(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b)The property allegedly being managed under
			 conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
(c) As used in section
			 OAR 603-095-3860(4), "person" does not include any local, state, or federal
			 agency.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3900 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to implement a water quality management area plan for the
			 Lost River Subbasin Agricultural Water Quality Management Area pursuant to
			 authorities vested in the department through ORS
			 568.900-568.933 and
			 561.190-561.191. The area plan is known
			 as the Lost River Subbasin Agricultural Water Quality Management Area
			 Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Lost River Subbasin
			 Agricultural Water Quality Management Area to prevent and control water
			 pollution from agricultural activities and soil erosion. Compliance with
			 Division 95 rules is expected to aid in the achievement of applicable water
			 quality standards in the Lost River Subbasin Agricultural Water Quality
			 Management Area.
Stat. Auth.: ORS
				  561.190 -
				  561.191,
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3920 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Lost River Subbasin Agricultural
			 Water Quality Management Area is comprised of the Oregon portion of the Lost
			 River subbasin, as defined by the US Geological Survey. The physical boundaries
			 of the Management Area are indicated on the map included as
Attachment
			 1
of these rules.
(2)
			 Operational boundaries for the land base under the purview of these rules
			 include all lands within the Lost River Subbasin Agricultural Water Quality
			 Management Area in agricultural use, agricultural and rural lands that are
			 lying idle or on which management has been deferred, and forested lands with
			 agricultural activities, with the exception of public lands managed by federal
			 agencies and Tribal Trust lands.
(3) Current productive agricultural use is
			 not required for the provisions of these rules to apply.
(4) The provisions and requirements outlined
			 in these rules may be adopted by reference by Designated Management Agencies
			 with appropriate authority and responsibilities in other geographic areas of
			 the Lost River Subbasin Agricultural Water Quality Management Area.
(5) For lands in agricultural use within
			 other Designated Management Agencies' or state agency jurisdictions, the
			 department and the appropriate Local Management Agency will work with these
			 Designated Management Agencies to assure that provisions of these rules apply,
			 and to assure that duplication of any services provided or fees assessed does
			 not occur.
Attachment referenced are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 -
				  561.191,
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3940 - Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A landowner is responsible for only those
			 conditions resulting from activities controlled by the landowner. A landowner
			 is not responsible for conditions resulting from activities by landowners on
			 other lands. A landowner is not responsible for conditions that are natural,
			 could not have been reasonably anticipated, or that result from unusual weather
			 events or other exceptional circumstances. Landowners will not be required to
			 implement practices or management systems that are not practical and effective
			 for their operation. Where a prohibited condition results from the
			 requirement(s) of another government entity, the department will work with the
			 other government entity and the landowner to resolve the condition. As long as
			 the landowner is cooperating with the department in resolving the condition,
			 the department will not assess a civil penalty against the landowner for that
			 condition. Any enforcement action under this provision shall be consistent with
			 the policies described in the water quality management area plan and OAR
			 603-090-0000(4)(e). The department will consider costs, benefits, and economic
			 feasibility when working with a landowner to resolve a compliance issue. The
			 department will seek input from the local management agency prior to requiring
			 a schedule of corrective practices.
(b) Unless otherwise restricted by state or
			 federal law, conditions resulting from limited duration activities are
			 exempt.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-3960 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an alleged occurrence of agricultural
			 pollution through a written complaint, its own observation, through
			 notification by another agency, or by other means, the department may conduct
			 an investigation. The department may, at its discretion, coordinate inspection
			 activities with the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution will be evaluated in accordance with the criteria in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-3960(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-4000 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to simplify the process by which
				agricultural landowners may maintain channels used for agricultural drainage
				while ensuring that any maintenance is conducted in a manner that protects,
				maintains or improves ecological functions of the channels and upholds state
				objectives for fish recovery, and protects wetlands, waterways and fish and
				wildlife habitats. Maintenance of channels used for agricultural drainage is
				critical to the operational and economic viability of Oregon's farm and ranch
				lands.
Statutory/Other Authority: ORS
				  196.816
Statutes/Other Implemented: ORS
				  196.600 to
				  196.905
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-4010 - Agricultural Drainage Maintenance Regions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Department of Agriculture will
			 implement these rules in four phased regions:
(a) Region One includes the following Oregon
			 Counties: Clatsop, Columbia, Tillamook, Washington, Multnomah, Yamhill,
			 Clackamas, Lincoln, Polk, Marion, Benton, Linn, and Lane.
(b) Region Two includes the following Oregon
			 Counties: Coos, Douglas, Curry, Josephine, and Jackson.
(c) Region Three includes the following
			 Oregon Counties: Jefferson, Deschutes, Crook, Klamath, and Lake.
(d) Region Four includes the remaining Oregon
			 counties.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-4015 - Notification to the Oregon Department of Agriculture - Maintenance Without a Permit; Types of Maintenance Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notification to the Oregon Department of
			 Agriculture shall be given for the maintenance activities of existing
			 traditionally maintained channels that meet the following:
(a) Limited to maintenance of dry
			 traditionally maintained channels that are in existence or operation at the
			 time of the activities; and
(b)
			 Have been routinely subject to maintenance so as to facilitate drainage related
			 to farming operations; and
(c) Have
			 been serviceable for facilitating drainage within the past five calendar years
			 as determined at the time of notification; and
(d) Maintenance activities do not include
			 those activities prohibited by the mandatory conditions or otherwise prohibited
			 by these rules.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-4020 - Notification to Oregon Department of Agriculture - Districts and Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding
			 the permit requirements of ORS
			 196.810, a person may engage in
			 removal-fill activities, or both, for conducting maintenance of a traditionally
			 maintained channel without a permit from the Oregon Department of State Lands
			 if:
(a) The person has a valid notice on file
			 with the Oregon Department of Agriculture prior to initiating activities for
			 the maintenance of a traditionally maintained channel; or
(b) The Department has not responded within
			 45 days of receiving a complete notification per ORS
			 196.915(3) and
			 OAR 603-095 4020(6); and
(c) The
			 maintenance activities are conducted in compliance with the notice described in
			 paragraphs (a) or (b) of this subsection and with ORS
			 196.913 and
			 196.915.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-4025 - Review of Notification; Consultation with the Oregon Department of Fish and Wildlife; Final Determination by the Oregon Department of State Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No later than
			 five days after receiving a complete notification, the Oregon Department of
			 Agriculture shall provide a copy of the notice to the Oregon Department of Fish
			 and Wildlife.
(2) Upon receiving a
			 copy of the notice, the Oregon Department of Fish and Wildlife has 30 days to
			 respond to the Oregon Department of Agriculture. The Oregon Department of Fish
			 and Wildlife response may indicate that a review was conducted and work may
			 proceed, or may provide the Oregon Department of Agriculture with
			 recommendations on:
(a) Whether the
			 maintenance activities described in the notice will meet the requirements of
			 ORS 196.913; and
(b) Whether conditions, in addition to those
			 required ORS 196.913, are necessary to
			 address the presence of endangered or threatened species, to protect endangered
			 or threatened species' habitat quality or quantity, or to otherwise protect the
			 existing functions of the channel.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-4035 - Certifications of Compliance with Other Applicable Laws

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person may conduct channel maintenance
			 activities in a manner that violates applicable laws related to fish passage or
			 water quality.
(2) In order to
			 maintain a simple regulatory approach for the maintenance of traditionally
			 maintained channels used for agricultural drainage and also to conduct
			 maintenance activities in a manner that protects, maintains or improves the
			 ecological functions of the channels, persons filing a notification must
			 certify that the person conducting the maintenance activities will comply with
			 OAR 603-095-4030 by certifying that all of the following are applicable to the
			 location where the maintenance activities will be conducted:
(a) Non-point Source Pollution. A person
			 filing a notification with the Oregon Department of Agriculture must certify
			 that they have reviewed and, in conducting channel maintenance activities, will
			 comply with relevant statutes and rules governing those activities as provided
			 in ORS 568.900 et seq. and the
			 agricultural water quality management plans and rules governing the area where
			 maintenance activities will be conducted.
(b) Regional Dry Maintenance Time Period. A
			 person filing a notification with the Department must certify that the planned
			 maintenance activities will occur only during the regional dry maintenance time
			 period for the area of the planned maintenance activities, as designated by the
			 Oregon Department of Fish and Wildlife.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-4040 - Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person may
			 commence any removal-fill activities for the maintenance of a traditionally
			 maintained channel unless a valid notice is posted on the Oregon Department of
			 Agriculture website, the Department has not responded within 45 days of
			 receiving a complete notification per ORS
			 196.915(3) and
			 OAR 603-095 4020(6), or unless a removal-fill permit, pursuant to ORS Chapter
			 196.911, is obtained from the Oregon Department of State Lands.
(2) No person may commence any removal
			 activities in a traditionally maintained channel that is not dry unless a
			 variance is obtained from the Oregon Department of Agriculture. The variance
			 may be granted for a channel that is not dry due to a rain event and not
			 indicative of a perennial stream.
(3) A person with a valid notice may not
			 conduct activities that result in removal of more than 3,000 cubic yards per
			 linear mile of a traditionally maintained channel over the course of the
			 five-year period for which the notice is valid.
(4) A person with a valid notice may only
			 spread in a thin layer excavated material in a converted wetland or where
			 agricultural activity presently and historically has occurred, and not in a
			 volume of greater than 3,000 cubic yards per linear mile of traditionally
			 maintained channel over the course of the five-year period for which the notice
			 is valid.
(5) A person with a valid
			 notice may not conduct any maintenance activities, remove or place fill
			 material in a channel that has been designated by the Oregon Department of
			 State Lands as Essential Indigenous Anadromous Salmonid Habitat, as defined in
			 ORS 196.810.
(6) A person with a valid notice may not,
			 through the conduct or result of any maintenance activities, enlarge a water
			 right or cause injury to an existing water right.
(7) Maintenance activities must not violate
			 any condition in the applicable valid notification.
(8) No work associated with a valid notice
			 may result in the permanent conversion of wetlands to uplands.
(9) Maintenance activities shall not include
			 altering traditionally maintained channels to allow for storage of water that
			 could be used for irrigation.
(10)
			 Maintenance activities shall not be conducted in channels other than
			 traditionally maintained channels, as defined in 603-095-4005(15).
(11) Placement of material in wetlands not
			 presently or historically disturbed by agricultural activities constitutes a
			 material change to the depth or functionality of the wetland and is
			 prohibited.
Statutory/Other Authority: ORS
				  196.816, HB 2437 (2019) &
				  ORS 196.906-919
Statutes/Other Implemented: ORS
				  196.816 & ORS
				  196.906-919
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-4045 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 initiation of maintenance activities, a person with a notice on file with the
			 Oregon Department of Agriculture may request a variance from any mandatory
			 condition in the valid notice. Commencement of channel maintenance activities
			 may not occur until the Department provides a concurrence or denial of the
			 variance request. A variance may be requested at the same time as filing a
			 notice.
(2) Requests for a variance
			 must be submitted on a form provided by the Department of Agriculture and shall
			 include at a minimum the following information:
(a) The mandatory condition(s) that are the
			 subject of the request for the variance;
(b) The reasons for the request for the
			 variance; and
(c) Proposed
			 alternative actions that avoid or reduce the adverse effects to the resource
			 and that protects, maintains, or improves the ecological function of the
			 channel(s).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-4050 - Entry Upon Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to
			 paragraph (2) of this subsection, the Oregon Department of Agriculture or the
			 Oregon Department of Fish and Wildlife may enter onto and inspect lands for
			 which notices have been filed under ORS
			 196.900 -
			 196.919 and these rules in order
			 to develop the recommendations and response required by under ORS
			 196.900 -
			 196.919 and these rules or to
			 ascertain compliance with ORS
			 196.900 -
			 196.919 and these rules.
(2) To enter onto and inspect
			 lands under this subsection:
(a) The Oregon
			 Department of Agriculture shall first make a reasonable attempt to notify the
			 landowner; and
(b) The Departments
			 may only enter onto and inspect the lands at a reasonable time.
(c) Per ORS
			 196.915(6), the
			 Oregon Department of Fish and Wildlife may not, without the express agreement
			 of the person, district, company or corporation that filed the notice, enter
			 onto and inspect the lands unless accompanied by the Oregon Department of
			 Agriculture.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-4055 - Compliance and Enforcement Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon finding that a person has engaged in
			 removal-fill activities for the maintenance of a traditionally maintained
			 channel without a permit required under ORS
			 196.810 and in violation of ORS
			 196.911,
			 196.913, or
			 196.915, and these rules, the
			 Oregon Department of Agriculture, in consultation with the Oregon Department of
			 State Lands and the Oregon Department of Fish and Wildlife, shall notify the
			 person and direct the person to take any actions necessary to bring the
			 maintenance activities into compliance with ORS
			 196.911,
			 196.913, or
			 196.915 and these rules within a
			 reasonable period of time.
(2) In
			 all cases, the Oregon Department of Agriculture, in consultation with the
			 Oregon Department of State Lands, shall make reasonable efforts to induce
			 voluntary compliance, prior to the assessment of any civil penalty under ORS
			 196.890 for violation of ORS
			 196.911,
			 196.913, or
			 196.915 and these rules.
(3) The Oregon Department of
			 Agriculture may refer noncompliance concerns to the Oregon Department of State
			 Lands to initiate any enforcement actions.
Statutory/Other Authority: ORS
				  196.816
Statutes/Other Implemented: ORS
				  196.816