reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0575 - Permit Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicant Appeal Within 21 Calendar Days. An applicant may request a contested
			 case proceeding if they object to an application incompleteness determination,
			 permit decision or permit condition imposed by the Department. The request must
			 be in writing and must be received by the Department within 21 calendar days of
			 the decision.
(2) Other Person
			 Appeal Within 21 Calendar Days. Any person who is aggrieved or adversely
			 affected by the Department's final decision concerning an individual permit or
			 a condition therein may request a contested case proceeding. The request must
			 be in writing and must be received by the Department within 21 calendar days of
			 the decision.
(3) Standing in
			 Contested Case. For a person other than the applicant to have standing to
			 request a contested case, the person must be either "adversely affected" or
			 "aggrieved":
(a) To be "adversely affected"
			 by the Department's individual removal-fill permit decision, the person must
			 have a legally protected interest that would be harmed, degraded or destroyed
			 by the authorized project.
(b) To
			 be "aggrieved" by the Department's individual removal-fill permit decision the
			 person must have participated in the Department's review of the project
			 application by submitting timely written or verbal comments stating a position
			 on the merits of the proposed removal-fill to the Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0580 - Discovery in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
In contested cases conducted on matters relating to these
				rules, the Department delegates to the hearing officer the authority to rule on
				any issues relating to discovery, except that depositions will only be awarded
				if it is likely that a witness will not be available at a
				hearing.
Stat. Auth.: ORS
				  196.825 &
				  196.600 -
				  196.692
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0585 - Permit Conditions, Permit Expiration Dates and Permit Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicable
			 Permit Conditions. If the Department approves the permit, it will impose
			 applicable conditions to eliminate or reduce the reasonably expected adverse
			 impacts of project development to waters of this state.
(2) Applicant Acceptance of Permit
			 Conditions. Once an authorization holder initiates the removal fill activity
			 authorized by a permit, it is understood that the permit holder accepts the
			 conditions contained within the permit.
(3) Enforceability of Permit Conditions.
			 Authorizations may include conditions, including compensatory mitigation and
			 monitoring conditions that impose obligations beyond the expiration date of the
			 removal/fill activity. All such conditions are enforceable until such
			 obligations are satisfied.
(4)
			 Conflicts Between the Application and Permit Conditions. The application,
			 including all plans and operating specification, becomes an enforceable part of
			 the removal-fill authorization. In the event there is a conflict between
			 information contained in the application and conditions in the removal-fill
			 authorization, the authorization conditions prevail.
(5) Permit Expiration Date. The Department
			 may issue an individual removal-fill authorization for up to five years for
			 removal-fill activities that occur on a continuing basis or will take more than
			 one year to complete.
(6) Limits on
			 Terms for Commercial Gravel Operations. For commercial gravel removal, the
			 Department will only issue a multi-year permit when it determines that:
(a) There is sufficient aggregate resource or
			 annual recharge to allow the proposed volumes to be removed; and
(b) The authorization holder has, for at
			 least one year preceding the pending renewal, conducted removal in compliance
			 with permit conditions.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0590 - Renewal and Extension of Individual Removal-Fill Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Renewal of
			 Individual Permits. Individual permits may be renewed if the permit holder
			 anticipates that the project within waters of this state will not be completed
			 by the permit expiration date.
(2)
			 Renewal Notice. At least 90 calendar days prior to the expiration of a valid
			 removal-fill permit, the Department will send a renewal notice to the permit
			 holder. The renewal notice will inform the permit holder of the expiration date
			 of the permit and offer an opportunity to renew the permit.
(3) Request for Renewal. In order to renew
			 the permit, the permit holder must respond with a request to renew the permit.
			 The request for renewal must:
(a) Include a
			 short statement of the status of the project, including any compensatory
			 mitigation requirements;
(b)
			 Include the base fee;
(c) Be
			 received by the Department at least 45 calendar days prior to the expiration of
			 the permit; and
(d) If requested by
			 the Department, be accompanied by an updated application. Updated applications
			 may be required for permits that have been in effect for five years, and at
			 every five-year increment thereafter. Updated applications must be provided on
			 current forms provided by the Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0595 - Permit Requirements and Interagency Coordination for Department of Environmental Quality Approved Remedial Action, Corrections Facilities, Solid Waste Land Fills and Energy Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ Remedial Action Waiver. Pursuant to
			 ORS 465.315, no removal-fill
			 authorization is required for remedial action conducted on a site selected or
			 approved by the Department of Environmental Quality. The responsible party must
			 notify the Department of its intended action, pay applicable fees, and comply
			 with the substantive requirements provided by the Department. Failure to comply
			 with the substantive requirements may result in enforcement action.
(2) Application Process Requirements for
			 Specific Siting Entities. Upon submission by the applicant of a complete
			 application and payment of the proper fees, the Department will issue the
			 permits authorized by the authorized siting entity listed below, subject to the
			 conditions set forth by the siting entity (including conditions supplied to the
			 siting authority by the Department). The Department will continue to exercise
			 enforcement authority over a permit issued pursuant to this section. These
			 siting entities are:
(a) The Corrections
			 Facilities Siting Authority, pursuant to ORS
			 421.628, relating to siting
			 corrections facilities;
(b) The
			 Environmental Quality Commission, pursuant to ORS
			 459.047, relating to siting
			 solid waste landfills;
(c) The
			 Energy Facility Siting Council, pursuant to ORS
			 469.300 et seq. related to
			 siting energy facilities; and
(d)
			 The Economic Recovery Review Council, pursuant to Oregon Laws 2011, chapter
			 564, related to the siting of industrial development projects of state
			 significance.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0665 - Expedited Process for Industrial or Traded Sector Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department Assistance with Industrial
			 Siting. The Department will participate in planning and authorizing
			 removal-fill within waters of this state for certain industrial or traded
			 sector sites identified by the Oregon Business Development Department (OBDD).
			 The Department will provide assistance to the maximum extent feasible, taking
			 into account budget and staffing constraints.
(2) Site Designation Process. The Director
			 may, upon the request of OBDD, designate a site for expedited planning and
			 processing. The project proponent or sponsor will have authority to authorize
			 the Department or its agents physical access to the site.
(3) Department-Appointed Project Leader. The
			 Director will assign a project leader from the Department to work with the
			 OBDD, other applicable agencies and the project sponsor. Such work will
			 include, but is not limited to:
(a) Expedited
			 jurisdictional determinations by the Department;
(b) Technical assistance in the preparation
			 of jurisdictional delineation and functional assessment reports, impact
			 avoidance and minimization strategies, alternatives analyses and compensatory
			 mitigation plans;
(c) Assistance
			 with other permit application documents necessary to issue an authorization or
			 to avoid the need to obtain an authorization by planning the project in such a
			 way so as to avoid impacts to waters of this state;
(d) Expedited review of removal-fill
			 applications and prompt permit decision as long as doing so will not result in
			 the Department missing statutory deadlines for other permits; and/or
(e) Assistance with the early identification
			 and resolution of issues raised by other agencies and the public.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0676 - Emergency Authorizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Eligibility and Applicability. The Department may issue, orally or in writing,
			 an emergency authorization to a person for the removal of material from the
			 beds or banks or filling of any waters of this state in an emergency, for the
			 purpose of making repairs or for the purpose of preventing irreparable harm,
			 injury or damage to persons or property. In order to qualify for an emergency
			 authorization the Department must determine that:
(a) The emergency poses a direct threat to
			 substantial property, including but not limited to a dwelling, transportation
			 structure, farm or cropland;
(b)
			 Prompt action is required to reduce or eliminate the threat;
(c) The nature of the threat does not allow
			 the time necessary to obtain some other form of authorization; and
(d) The proposed project is the minimal
			 amount necessary to reduce or eliminate the threat and minimizes, to the extent
			 practicable, adverse impacts to waters of this state.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0680 - Compensatory Mitigation (CM); Applicability and Principal Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability.
			 OAR 141-085-0680  through 141-085-0755  applies to removal-fill that occurs
			 within waters of this state and applies to all forms of compensatory mitigation
			 (i.e., mitigation bank, in-lieu fee mitigation, advance mitigation, permittee
			 responsible mitigation, and payment in-lieu mitigation). The Department may
			 establish CM requirements other than those explicitly set forth in OAR
			 141-085-0680  through 141-085-0755  within areas covered by an approved Wetland
			 Conservation Plan or Advance Aquatic Resource Plan.
(2) Principal Objectives for CM. For projects
			 where impacts to waters of this state cannot be avoided, CM will be required to
			 compensate for the reasonably expected adverse impacts in fulfillment of the
			 following principal objectives.
(a) The
			 principal objectives of CM are to:
(A)
			 Replace functions and values lost at the removal-fill site;
(B) Provide local replacement for locally
			 important functions and values, where appropriate;
(C) Enhance, restore, create or preserve
			 waters of this state that are self-sustaining and minimize long-term
			 maintenance needs;
(D) Ensure the
			 siting of CM in ecologically suitable locations considering: local watershed
			 needs and priorities; appropriate landscape position for the waters types,
			 functions and values sought; connectivity to other habitats and protected
			 resources; and the absence of contaminants or conflicting adjacent land uses or
			 development trends that would compromise functions and values; and
(E) Minimize temporal loss of waters of this
			 state and their functions and values.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0685 - Functions and Values Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The purpose of the functions and
			 values assessment is to document those functions and values anticipated to be
			 lost as a result of the project and help ensure that the proposed CM will
			 replace those functions and values. Uplands are assumed to have zero functions
			 and values for purposes of these rules.
(2) Functions and Values Assessment
			 Requirements. More than one assessment may be required to document the
			 following:
(a) Existing functions and values
			 at the proposed project site;
(b)
			 Functions and values reasonably expected after implementation of the proposed
			 project;
(c) Existing functions and
			 values at the proposed CM site
(d)
			 Functions and values reasonably expected to be provided at the proposed CM site
			 after implementation of the CM project; and
(e) The projected net gain or loss of
			 functions and values as a result of the CM project compared to the reasonably
			 expected adverse impacts as a result of the project.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0690 - Eligibility Requirements for CM

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 CM at an off-site location will be located within the 4th field Hydrologic Unit
			 Code (HUC) in which the removal-fill site is located, or within a service area
			 of a bank or in-lieu fee covering the removal-fill site.
(2) Impacts to tidal waters must be replaced
			 in the same estuary unless the Director determines that it is ecologically or
			 environmentally preferable to exceed this limitation according to OAR
			 141-085-0690(4).
(3) Replacement by
			 Type and Functions and Values. The CM project must have the capability to
			 replace:
(a) Wetland or tidal water type(s)
			 impacted by the project, as classified per Cowardin system and class (e.g.,
			 palustrine forested) and by HGM class/subclass(es) (e.g., riverine
			 impounding);
(b) Stream type(s)
			 impacted by the project, meaning having the same:
(A) Flow permanence (intermittent or
			 perennial);
(B) Stream size class
			 (small, medium, or large), as set forth by Oregon Department of Forestry in OAR
			 629-635-0200  Sections (13) and (14); and
(C) Essential Indigenous Anadromous Salmonid
			 Habitat (ESH) designation, if the impact is to an ESH stream.
(c) The group-level functions and
			 values of the impacted water of this state, as outlined in ORWAP or SFAM, as
			 appropriate, unless CM is proposed to be fulfilled by purchase of legacy
			 credits.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0692 - Mitigation Accounting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of mitigation accounting is to:
(a)
			 Ensure that the total area of the state's wetland and tidal waters resource
			 base is maintained;
(b) Replace
			 functions and values, including those that may be size dependent;
(c) Account for temporal loss of habitat
			 types, functions, and values; and
(d) Encourage long-term sustainability of CM
			 projects.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0694 - Special Requirement for CM

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Special Requirements for Enhancement as CM. CM enhancement must conform to the
			 following additional requirements. Enhancement must:
(a) Be conducted only on degraded waters of
			 this state;
(b) Result in a
			 demonstrable net gain in functions and values at the CM site as compared to
			 those functions and values lost or diminished as a result of the project and
			 those functions and values that already exist at the CM site;
(c) Not replace or diminish existing
			 functions and values with different functions and values unless the applicant
			 justifies, in writing, that it is ecologically preferable to do so;
(d) Not consist solely of the conversion of
			 one HGM or Cowardin class to another;
(e) Identify the causes of degradation at the
			 CM site and the means by which the CM plan will reverse, minimize or control
			 those causes of degradation in order to ensure self-sustaining success;
			 and
(f) Not consist solely of
			 removal of non-native, invasive vegetation and replanting or seeding of native
			 plant species.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0695 - Administrative Protection of CM Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Administrative Protection Instruments.
			 All CWM sites must be protected from adverse impacts in perpetuity with
			 appropriate protection instruments. Administrative protection for CNWM sites
			 may be required.
(2) Protection
			 Instrument Standards. Protection instruments must meet the following standards:
(a) The permanent protection instrument must
			 prohibit any uses of the CM site that would violate conditions of the
			 removal-fill authorization or otherwise adversely affect functions and values
			 provided by the CM site;
(b) Any
			 proposed revisions to the protection instrument require prior approval from the
			 Department;
(c) A conservation
			 easement may only be granted to qualifying parties set forth in ORS
			 271;
(d) Conservation easements
			 must provide the Department a third party right-of-enforcement; and
(e) Must include a Right of Entry or an
			 access easement, conveyed to the Department and recorded on the deed for all CM
			 sites on non-public lands, using a template provided by the
			 Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0700 - Financial Security for CM Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. Financial security instruments
			 are required for CM sites as a guarantee that the CM will be constructed,
			 monitored and maintained in accordance with removal-fill authorization
			 requirements.
(2) Exceptions.
			 Financial security Instruments are required for CM projects except in the
			 following circumstances:
(a) No financial
			 security instrument is required for projects conducted by government
			 agencies;
(b) The Department may
			 waive the requirement for a financial security instrument for wetland impacts
			 0.20 of an acre or less; and
(c)
			 Financial security instruments are not required when CM is satisfied by
			 purchase of credits from a wetland mitigation bank, an in-lieu fee program or
			 payment in-lieu mitigation.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0705 - Requirements for CM Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CM
			 Plan Content. CM Plan detail must be commensurate with the size and complexity
			 of the proposed mitigation. A CM Plan is not required for proposed CM by means
			 of using credits from an approved bank, advance mitigation site, in-lieu fee
			 mitigation or payment in-lieu mitigation. A CM plan for permittee responsible
			 CM must include the sections listed below.
(a)
			 CM plan overview, including:
(A) CM ecological
			 goals and objectives;
(B) The CM
			 concept in general terms including a description of how the plan, when
			 implemented, will replace the functions and values of the impacted waters of
			 this state;
(C) For CWM, mitigation
			 site acreage by method(s) of mitigation proposed (restoration, creation and
			 enhancement) and by proposed HGM and Cowardin classification for each
			 method;
(D) For CNWM involving a
			 channel, the mitigation site acreage and linear feet of channel by method(s) of
			 mitigation proposed (restoration, creation and enhancement); and
(E) Summary of proposed losses and gains of
			 functions and values. The Department reserves the right to disqualify losses or
			 gains attributable to actions under the applicant's control within seven years
			 prior to the delineation or application submittal date, whichever comes
			 first.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0710 - Monitoring Requirements for CWM

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Purpose. The purpose of the CM monitoring requirement is to provide information
			 for the Department to:
(a) Determine whether
			 the CM complies with the conditions of the authorization and whether the CM has
			 achieved its stated goals, objectives and performance standards;
(b) Determine whether the CM is replacing
			 wetland and tidal waters area, including any required buffers;
(c) Determine whether the CM site is
			 replacing functions and values; and
(d) Provide information for removal-fill
			 program monitoring.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0715 - Mitigation for Temporary Impacts

Current through Register Vol. 63, No. 7, July 1, 2024
Applicants for projects that involve temporary impacts to
				waters of this state must provide a rehabilitation plan for rectification of
				temporary impacts. Rectification must include re-establishment of pre-existing
				contours and pre-existing vegetation. A monitoring plan to confirm the
				reestablishment of waters of this state, or reestablishment of vegetation may
				be required.
Statutory/Other Authority:
ORS
				  196.600  - 196.692 & ORS
				  196.825
Statutes/Other Implemented:
ORS
				  196.600  - 196.692 & 196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0720 - Mitigation Banking Purpose, Applicability and Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose and Applicability. These rules
			 describe the requirements to establish and operate mitigation banks, which can
			 be used to compensate for impacts to waters of this state. These rules pertain
			 to mitigation banks that compensate for impacts to all types of waters of this
			 state.
(2) Coordination with the
			 Corps of Engineers. The Department will coordinate with and participate on the
			 Interagency Review Team as a co-chair agency with the Corps of Engineers to
			 establish mitigation banks that also meet the federal regulatory requirements,
			 as appropriate.
(3) Development of
			 Mitigation Banks is Encouraged. The Department encourages the development and
			 will facilitate the expeditious approval of mitigation banks.
(4) Compensation for Expected or Historical
			 Losses to Aquatic Resources. Mitigation banks must be located and designed to
			 compensate for expected or historical losses to aquatic resources by:
(a) Maintaining regional functions and values
			 of aquatic resources in their service area;
(b) Matching the demand for credits with
			 losses to the water resources of this state; and
(c) Meeting other ecological or watershed
			 needs as determined by the Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0725 - Process for Establishing Mitigation Banks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pre-prospectus Meeting with the
			 Department. To initiate a mitigation bank, a prospective bank sponsor must
			 request a meeting with the Department for initial review of the mitigation
			 concept, site suitability, and content of the Prospectus.
(2) Department Review of Draft Documents,
			 Generally. The process for establishing a mitigation bank involves the
			 development of a Prospectus and Mitigation Bank Instrument (MBI) in
			 consultation with an interagency review team (IRT). In an effort to supply the
			 IRT with complete documents that meet the requirements of these rules, multiple
			 drafts and completeness reviews may be required.
(3) Submittal of the Prospectus. After
			 discussion of the mitigation concept with the Department, a mitigation bank
			 sponsor must submit a Mitigation Bank Prospectus. A Mitigation Bank Prospectus
			 must include:
(a) Site information including
			 location, size, ownership, soil mapping, and recent air photo;
(b) The objectives of the proposed mitigation
			 bank;
(c) How the mitigation bank
			 will be established and operated, in general terms;
(d) The proposed service area;
(e) A market or other analysis that
			 demonstrates the general need for the mitigation bank;
(f) A description of the technical
			 feasibility of the proposed mitigation bank;
(g) The proposed ownership arrangements and
			 long-term management strategy for the mitigation bank;
(h) How the mitigation bank addresses each of
			 the principal objectives for CM listed in OAR 141-085-0680; and
(i) Names and addresses of all landowners
			 within 500 feet of the bank.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0730 - Establishment of Mitigation Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Credit Options. Credits can be
			 established by using:
(a) The minimum
			 mitigation requirements as stated in OAR 141-085-0692  with adjustments, as
			 appropriate; or
(b) By applying a
			 function based credit accounting method approved by the Department. Credits
			 within a bank are determined by the difference between the baseline conditions
			 of the bank prior to restoration, enhancement or creation activities, and the
			 increased functions and values of the water resources of this state that
			 result, or are expected to result, from those activities.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0735 - Release, Use and Sale of Mitigation Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial Release of Credits Must Be
			 Specified in the MBI. The maximum number of credits that may be released for
			 sale in advance of achieving performance standards will be clearly specified in
			 the MBI. In no case may this amount exceed 30 percent of the total credits
			 anticipated for each phase of bank construction. Advance releases require a
			 commensurate financial security per OAR 141-085-0700.
(2) Release of Credits Must Be in Compliance
			 with MBI. The Department will not allow the sale or exchange of credits by a
			 mitigation bank that is not in compliance with the terms of the MBI, the
			 Removal-Fill Law, and in the case of a mitigation bank, all applicable rules
			 governing CM. The Department may consult with the IRT in order to determine
			 noncompliance and appropriate remedies, including enforcement action. The
			 Department may, in consultation with the IRT, modify the credit release
			 schedule, including reducing the number of credits or suspending credit
			 transfers, when necessary to ensure that all credit transfers are backed by
			 mitigation projects with a high probability of meeting performance
			 standards.
(3) Sales to Permit
			 Applicants. After credits have been released to the bank sponsor, they may be
			 sold to permit applicants upon approval by the Department that such credits
			 will satisfy the mitigation obligation of a specific permit, or to resolve an
			 enforcement case. Each credit sale transfers the mitigation obligation from the
			 permit applicant to the sponsor.
(4) Sales to Public Benefit Corporations or
			 Public Bodies. At the request of a mitigation bank sponsor, the Department may
			 authorize the withdrawal of mitigation bank credits by a public benefit
			 corporation as defined in ORS
			 65.001 or a public
			 body. Such entities will be designated by the Director for the purpose of
			 reserving credits for future use in accordance with this subsection. The
			 Director will manage such transactions to ensure that each credit is used no
			 more than once to satisfy a use in accordance with this section. Mitigation
			 Banks must report every credit sale to the Department and will provide an
			 annual credit ledger.
(5) The
			 Department May Purchase Bank Credits. Funds from the Oregon Removal Fill
			 Mitigation Fund may be used to purchase approved bank credits where such
			 purchases will provide appropriate compensatory mitigation.
(6) Records and Reporting. The Department
			 will maintain a record of credit releases and withdrawals for each active
			 wetland mitigation bank.
Statutory/Other Authority:
ORS
				  196.825  &
				  196.600  - 196.692
Statutes/Other Implemented:
ORS 196.600 -
				  196.692 & 196.800 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0740 - Authorization for Mitigation Banks

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authorization Requirement. Bank sponsors must obtain a removal-fill permit for
			 any removal-fill necessary to create a proposed bank in jurisdictional areas.
			 At the discretion of the Department, the MBI may serve as the application if
			 complete pursuant to OAR 141-085-0550, and may also serve as the Department's
			 authorization. If the Department accepts the MBI as the application for a
			 removal-fill permit, the bank sponsor must pay the applicable fee for a
			 removal-fill application.
(2)
			 Baseline Conditions Must Be Approved Prior to Construction. When removal-fill
			 permits are not required to establish a mitigation bank, the Department will
			 approve baseline conditions prior to construction.
(3) MBI Constitutes a Department Order. If a
			 removal-fill permit is not required to construct a mitigation bank, the
			 Department will consider the fully executed MBI an enforceable order.
(4) Draft MBI May Be Circulated for Public
			 Notice. For mitigation banks that do not require a permit for construction, or
			 for such banks that the Department elects to allow the MBI to serve as the
			 permit application, a 15-calendar day public notice will be provided to the
			 public of the Department's intent to approve the bank. The Department may elect
			 to circulate a public notice of the MBI according to OAR 141-085-0560. If an
			 MBI is used in place of a removal-fill permit application, it must meet the
			 requirements for fees, content, and review procedures as specified in OAR
			 141-085-0545  through 141-085-0565.
Stat. Auth.: ORS
				  196.825 &
				  196.600 -
				  196.692
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0745 - In-Lieu Fee Mitigation

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may approve the use of in-lieu fee mitigation as
				a category of the mitigation banking program (OAR 141-085-0720  through
				141-085-0740).
(1) Applicability.
			 In-lieu fee mitigation involves the payment of funds to an approved sponsor to
			 satisfy compensatory mitigation requirements for impacts to waters of this
			 state. In-lieu fee mitigation differs from other forms of mitigation in that
			 advanced credits can be released upon approval of a program Instrument, before
			 Department approval of the mitigation site.
(2) Policies. In-lieu fee mitigation is
			 subject to all rules governing mitigation banking (OAR 141-085-0720  through
			 141-085-0745), as applicable.
(3)
			 Implementation. The Department will establish a method for implementing in-lieu
			 fee mitigation, including, but not limited to the following elements:
(a) Additional information required for a
			 program instrument outlining the operation and use of an in-lieu fee program,
			 including, but not limited to a planning framework for identifying and securing
			 mitigation sites within the defined service area, proposed advance credit
			 release and justification, and accounting procedures;
(b) Timelines to implement compensatory
			 mitigation projects to satisfy advance credit sales, and
(c) Department approval of compensatory
			 mitigation projects proposed by the in-lieu fee sponsor.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0750 - Payments to and Expenditures from the Oregon Removal-Fill Mitigation Fund

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will use the Oregon Removal-Fill Mitigation Fund
				to hold and disperse money collected from the Payment In-Lieu (PIL) and In-Lieu
				Fee (ILF) Mitigation programs sponsored by the Department.
(1) Payments. The Department will calculate
			 payments for PIL and ILF based on:
(a) Actual
			 costs and expenses of the off-site compensatory mitigation divided by the
			 number of credits anticipated from the mitigation if these are known at the
			 time of the payment, or
(b)
			 Estimated costs and expenses for off-site compensatory mitigation for the
			 region of the state where the Department, to the greatest extent practicable,
			 determines the off-site compensatory mitigation may be conducted.
(c) Estimated costs and expenses for off-site
			 compensatory mitigation will be assessed based on the formula: Payment = [A + R
			 + RMV + LT] ÷ mm, where:
(A) A =
			 Administrative Costs calculated as 10% of the sum of R, RMV and LT;
(B) R = Restoration Costs calculated as the
			 sum of all anticipated costs per unit area. Anticipated costs include but are
			 not limited to project design and engineering, construction, planting, and
			 seven years of monitoring and maintenance. These costs will be based on a
			 biennial survey of regional project data submitted to the Oregon Watershed
			 Restoration Inventory, The Conservation Registry, projects funded by the
			 Department, and/or surveys of restoration consulting firms and
			 practitioners;
(C) RMV = Real
			 Market Land Value of the proportion of the tax lot acreage to be mitigated for,
			 adjusted based on zoning;
(D) LT =
			 Long-Term Management Costs calculated as 30% of the Restoration Costs
			 (R),
(E) mm = Mitigation Multiplier
			 representing the number of credits typically generated per unit area of
			 mitigation conducted.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0755 - Advance Mitigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Set-Aside Excess Credits. As part of the existing, active individual
			 removal-fill permit application process, an applicant may request that the
			 Department consider that the proposed permittee-responsible CM (as documented
			 in a CM Plan prepared in accordance with OAR 141-085-0705) could produce
			 mitigation credits in excess of those needed to satisfy project
			 requirements.
(2) Additional
			 Information Required. If the applicant desires to preserve the option of
			 receiving additional mitigation credit from the excess credits for future
			 projects by the same applicant and by up to one additional party, then the
			 following additional information must be submitted as a part of the applicant's
			 CM plan:
(a) The specific area(s) of the CM
			 site that compensates for the specific permitted effect, and identification of
			 the specific areas of the CM site that are proposed for credit in future
			 projects;
(b) A table showing how
			 much credit, under suitable mitigation accounting in OAR 141-085-0692, is being
			 claimed at the CM site; and
(c) The
			 name of any additional person who would use the advance credits.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0765

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  196.825 &
				  196.600 -
				  196.692
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0768 - Advance Aquatic Resource Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The purpose of an Advance
			 Aquatic Resource Plan is to create a flexible framework for persons to
			 voluntarily plan for anticipated future water resource; development conflicts
			 within a defined planning area; identify and characterize water resources; make
			 necessary decisions now to avoid and minimize those conflicts to the extent
			 practicable; and develop a compensatory mitigation strategy to offset the
			 anticipated unavoidable impacts to water resources. An approved Advance Aquatic
			 Resource Plan is intended to inform and streamline future removal-fill permit
			 application processes for projects within a defined planning area. The Advance
			 Aquatic Resource Plan is not intended to replace the Wetland Conservation Plan
			 (ORS 196.668 et seq.) as a wetland
			 conservation planning tool where binding local land use decisions are sought.
(2) Outcomes.
(a) The Department's approval of an Advance
			 Aquatic Resource Plan pursuant to this section may provide regulatory outcomes
			 which include, but are not limited to:
(A)
			 Jurisdictional determinations pursuant to OAR 141-090.
(B) Reduction in removal-fill permit
			 application processing timelines otherwise established by OAR 141-085 for
			 projects within the Advance Aquatic Resource Plan area.
(C) Modification of the application
			 completeness requirements otherwise established by OAR 141-085 for projects
			 within the Advance Aquatic Resource Plan area.
(D) Consideration of the approved Advance
			 Aquatic Resource Plan when applying criteria for issuance of a permit pursuant
			 to ORS 196.825 for projects within the
			 Advance Aquatic Resource Plan area.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0770 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Violations. A violation is:
(a) Removal-fill
			 without a valid authorization;
(b)
			 Non-compliance with any condition of an authorization;
(c) Obtaining an authorization or reporting
			 on conditions of an authorization by misrepresentation or by failure to fully
			 disclose known material facts;
(d)
			 Failing to comply with any term of an enforcement agreement or order;
(e) Failing to comply with the requirements
			 of the Removal-Fill Law or these rules; or
(f) Non-compliance with any condition of an
			 approved wetlands conservation plan.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0775 - Enforcement Actions and Procedures; Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Enforcement Powers. The Department is
			 authorized to take or recommend such civil, criminal or administrative actions
			 as are necessary to enforce the Removal-Fill Law and these rules.
(2) Administrative Remedies. The Department
			 may take appropriate action to remedy violations or alleged violations or to
			 enforce these rules, a permit or authorization, or a final order or agreement.
(a) Appropriate enforcement action depends
			 upon the nature of the violation and may include, but is not limited to,
			 requiring the violator to:
(A) Comply with
			 conditions of a permit, authorization or order;
(B) Remove an unpermitted fill;
(C) Restore the site of an unpermitted
			 removal;
(D) Pay a civil penalty;
(E) Provide compensatory
			 mitigation for unauthorized impacts or mitigation shortfalls. At the discretion
			 of the Department and in accordance with these rules, mitigation may include
			 payment in-lieu of mitigation, purchase of mitigation bank credits or purchase
			 of in-lieu fee credits; and
(F)
			 Forfeit their right to apply for new removal-fill permits or authorizations
			 (debarment).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0780 - Revoking or Suspending an Authorization; Allowing Corrective Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Revocation or
			 Suspension if Out of Compliance. The Department may revoke or suspend an
			 authorization if an alleged violator is not in compliance with any conditions
			 of an authorization, or if the applicant failed to provide complete and
			 accurate information in the permit application.
(2) Suspension for Delinquency of Payment.
			 Any authorization shall be suspended during any period of delinquency of
			 payment of the renewal fee and will be treated as though no authorization had
			 been issued.
(3) Procedures to
			 Revoke or Suspend Authorization. The Department may initiate the following
			 proceedings to revoke an authorization:
(a)
			 The Department will issue a Notice of Intent to Revoke or Suspend to the
			 alleged violator stating the intent to revoke or suspend the authorization;
			 and
(b) The Notice will include the
			 following information:
(A) A statement of the
			 alleged violator's right to a contested case hearing within 20 calendar days of
			 receiving the notice;
(B) A
			 statement of the authority and jurisdiction under which the contested case
			 hearing is to be held;
(C)
			 Citations for the relevant sections of law and rule;
(D) A short and plain statement of the
			 matters asserted or charged as constituting the violation(s); and
(E) A statement of any action that is
			 necessary by the alleged violator to correct or offset the effects of the
			 violation including, but not limited to, removal of filled material or
			 replacement of removed material.
(c) Any action specified in the notice will
			 include a reasonable time period in which to complete the corrective action.
(A) If the alleged violator completes such
			 action within the specified time period, the revocation or suspension procedure
			 will be terminated; and
(B) If the
			 authorization holder fails to request a contested case hearing, the Department
			 may issue a final order revoking or suspending the authorization after
			 presenting a prima facie case demonstrating that a violation has
			 occurred.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0785 - Civil Penalties; Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Civil Penalties May Be Assessed. In addition to any other remedy allowed by law
			 or these rules, the Department may assess a civil penalty for any violation of
			 the Removal-Fill Law, these rules, an authorization or an order issued pursuant
			 to OAR 141-085.
(2) Each Day is a
			 Separate Offense. Each day a violation continues constitutes a separate offense
			 for which the Department may assess a separate penalty.
(3) Multiple Penalties May Be Assessed. A
			 civil penalty assessed on an initial violation may be followed by one or more
			 separate civil penalties for failure to comply with a restoration order issued
			 on the same violation.
(4) Required
			 Notice; Right to Appeal Within 20 Calendar Days. The Department will give
			 written notice of intent to assess a civil penalty by personal service or by
			 registered or certified mail to the permit holder or person (hereinafter
			 referred to as "party") incurring the civil penalty. The notice will include
			 the following:
(a) The particular section of
			 the statute, rule, order or authorization involved;
(b) A short and plain statement of the matter
			 asserted or charged;
(c) A
			 statement of the party's right to request a hearing within 20 calendar days of
			 receiving the notice;
(d) A
			 statement of the amount of civil penalty assessed and terms and conditions of
			 payment; and
(e) Notification that
			 the party may request a contested case hearing.