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 141-085-0515 - Removal-Fill Jurisdiction by Type of Water

Current through Register Vol. 63, No. 7, July 1, 2024
This section describes the types and jurisdictional limits of
				the waters of this state that are regulated by the Department of State
				Lands.
(1) Pacific Ocean. The Pacific
			 Ocean is jurisdictional from the line of extreme low tide seaward to the limits
			 of the territorial sea. As defined in ORS
			 390.605(2), the
			 land lying between extreme low tide and the statutory vegetation line or the
			 line of established upland shore vegetation, whichever is farther inland, is
			 known as the "ocean shore." "Ocean shore" does not include an estuary as
			 defined in ORS 196.600. The "ocean shore" is
			 regulated by the Oregon Department of Parks and Recreation.
(2) Estuaries, Tidal Bays and Tidal Rivers.
			 Estuaries, tidal bays and rivers below the head of tide are jurisdictional to
			 the elevation of the highest measured tide (excluding storm surge), or to the
			 upper edge of wetland, whichever is higher. The head of tide is the farthest
			 point upstream where a river is affected by tidal fluctuations. The highest
			 measured tide elevation on a parcel may be determined by a land survey
			 referenced to the closest tidal benchmark based upon the most recent tidal
			 epoch and reference to both the tidal datum (MLLW) and the fixed geodetic datum
			 (NAVD88). In lieu of surveyed elevations, subject to approval by the
			 Department, highest measured tide elevation may be based upon actual tide gauge
			 measurements during a wintertime spring tide or observation of the highest of
			 the field indicators listed in subsections (a) through (f) below. These field
			 indicators are often not observable within the upper riverine portion of an
			 estuary, in which case a land survey is required:
(a) The uppermost drift or wrack (or debris)
			 line containing small driftwood, mats of filamentous algae (algae that form
			 long visible chains, threads, or filaments that intertwine forming a mat),
			 seaweeds, seagrasses, pieces of bulrush or other emergent vascular plants,
			 styrofoam or other buoyant plastic debris, bivalve shells, crab molts, or other
			 aquatic invertebrate remains;
(b)
			 The uppermost water mark line on an eroding bank;
(c) The uppermost water mark line (e.g.,
			 discoloration; sediment, barnacles, snails, or algae growth) visible on a hard
			 shoreline or bank consisting of bedrock, boulders, cobbles, riprap or a
			 seawall;
(d) The uppermost
			 intertidal zone inhabited by a community of barnacles, limpets, and littorine
			 snails along shorelines composed of bedrock, riprap, boulders, and/or
			 cobble;
(e) The uppermost tidal
			 marsh/upland boundary, as indicated by a dominant plant community
			 characteristic of saltwater, brackish, or freshwater tidal plant communities
			 changing to a dominant plant community typical of uplands; and/or
(f) The intertidal/upland boundary along
			 sandy shores as indicated by the appearance of a distinct dune plant
			 community.