Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 100 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL FILL PERMITS IN STATE SCENIC WATERWAYS › Section 141-100-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions contained in ORS
				390.805 through
				390.835 and in OAR 141-085, the
				following definitions apply:
(1)
			 "Beds" means the land within the wet perimeter and any adjacent non-vegetated
			 dry gravel bar.
(2) "Emergency
			 Circumstances" means immediate natural or human caused events the effects of
			 which require prompt action to prevent irreparable harm, injury or damage to
			 persons or property.
(3)
			 "Irreparable" means without reasonable possibility of repair or restoration, or
			 an extreme condition that cannot be corrected.
(4) "Prospecting" means to search or explore
			 for samples of gold, silver or other precious minerals, using non-motorized
			 methods, from among small quantities of aggregate.
(5) "Recreational Placer Mining in State
			 Scenic Waterways" means to search or explore for samples of gold, silver or
			 other precious minerals and remove, fill or move by artificial means, either
			 through motorized or non-motorized methods, from or within the bed of a State
			 Scenic Waterway by methods other than dredging. Note-Due to action by the 2001
			 Oregon Legislative Assembly (Oregon Laws 2001, Chapter 499, Section 4), the
			 Department is no longer authorized to issue permits for dredging related to
			 recreational placer mining in State Scenic Waterways.
(6) "Related Adjacent Land" means all land
			 within 1/4 of one mile of the bank of Waldo Lake, or a river or segment of
			 river within a State Scenic Waterway, except land that, in the Oregon Parks and
			 Recreation Department's (OPRD) judgment, does not affect the view from the
			 waters within a State Scenic Waterway.
(7) "State Scenic Waterway" means Waldo Lake,
			 or a river or a segment of a river that has been designated under ORS
			 390.805 through
			 390.925 or any subsequent act,
			 and includes related adjacent lands.
(8) "State Scenic Waterway Emergency
			 Removal-Fill Permit" is an authorization issued by the Director for temporary,
			 emergency-specific removal-fill activity in a State Scenic Waterway or
			 jurisdictional waters within its related adjacent land.
(9) "State Scenic Waterway Individual
			 Removal-fill Permit" is an authorization issued by the Department for any
			 removal, filling or alteration of the bed and banks of a State Scenic Waterway
			 and its related adjacent lands.
(10) "Special Attribute" means an aesthetic,
			 scenic, environmental, scientific, recreational or similar feature identified
			 by OPRD in a State Scenic Waterway Management Plan as the value that caused a
			 particular waterway to be included in the Oregon Scenic Waterway Program. (ORS
			 390.845).
(11) "Waters of a State Scenic Waterway" are
			 any waters within a designated State Scenic Waterway, including waters within
			 its related adjacent lands that are subject to the jurisdiction of the
			 Department.
(12) "Wet Perimeter"
			 means the area of the stream that is under water, or is exposed as a
			 non-vegetated dry gravel bar island surrounded on all sides by actively moving
			 water at the time the activity occurs.
Stat. Auth.: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990,
				  390.805 -
				  390.925
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990,
				  390.805 -
				  390.925