reglab/statecodes huggingface dataset:
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 141-100-0045 - State Scenic Waterway Individual Removal-Fill Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application
			 Procedures. Applications for approval of all regulated removal-fill activities
			 in State Scenic Waterways must be submitted to the Department in writing, in
			 advance of the proposed activity, and must include all information needed to
			 evaluate the request. The application must be submitted on the Joint Permit
			 Application Form of the COE and the Department and must meet the standards for
			 completed applications in OAR 141-085.
(2) Fees. Fees must be submitted for a
			 complete application in accordance with the current fee schedule under OAR
			 141-085.
(3) Application Review
			 Procedures:
(a) Applications must be reviewed
			 within 30 calendar days from receipt and processed in a manner consistent with
			 OAR 141-085, the Department rules for individual removal and fill
			 permits;
(b) In reviewing an
			 application, the Department will conduct the necessary investigations to
			 develop a rational basis for a decision consistent with the requirements of the
			 policies of this rule; and
(c) The
			 Department may consult with any person, group or agency interested in or
			 affected by a permit decision.
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 141-100-0052 - Agency Considerations and Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Issuance. The Department will issue State
			 Scenic Waterway removal-fill permits only upon written findings that:
(a) The proposed activity is consistent with
			 the State Scenic Waterway Act (ORS
			 390.805 through
			 390.925 or an applicable OPRD
			 Scenic Waterway Management Plan or interim classification. The Department will
			 coordinate with OPRD and WRD prior to making this determination;
(b) The proposed activity is consistent with
			 ORS 196.800 through
			 196.990 administered according
			 to OAR 141-085 related to removal of materials from the beds or banks and
			 filling of any waters of this state;
(c) The proposed activity meets a
			 demonstrated need and minimizes adverse impacts to special attributes of
			 designated State Scenic Waterways; and
(d) The proposed activity, individually or
			 collectively, would not degrade fish, wildlife or recreation values.
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 141-100-0055 - Recreational Placer Mining within State Scenic Waterways

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Limited Activities. No placer mining is
			 permitted on waters within State Scenic Waterways other than recreational
			 placer mining.
(2) Threshold. A
			 complete application in accordance with OAR 141-085-0550  and authorization
			 under OAR 141-100-0045  will be required for non-dredge recreational placer
			 mining involving filling, removing or moving by artificial means any amount of
			 material from within the bed or wet perimeter of any single scenic waterway or
			 waters within jurisdictional waters within related adjacent lands.
(3) Eligibility Criteria. To be eligible for
			 a Scenic Waterway Individual Removal-Fill permit for recreational, non-dredge
			 placer mining, the operation must conform to the following:
(a) The activity must be for recreational
			 placer mining as defined in OAR 141-100-0005(5);
(b) The activity must not dam or divert a
			 waterway or obstruct fish passage;
(c) The activity must not occur outside the
			 wet perimeter, nor extend the wet perimeter;
(d) The activity must not involve disturbance
			 of rooted or embedded woody plants including trees and shrubs, regardless of
			 their location (for example, on gravel bars);
(e) The activity must not include excavation
			 from the streambank between the edge of the wet perimeter and the Ordinary High
			 Water Line;
(f) The activity must
			 not include movement of boulders, logs, stumps or other woody material from the
			 wet perimeter other than movement by hand and non-motorized
			 equipment;
(g) Upon completion of
			 the mining activity all piles, pits, furrows or potholes outside the main
			 channel of the waterway created by the activity must be leveled by
			 hand;
(h) The recreational placer
			 miner must obtain landowner permission before operating;
(i) The activity must occur only during the
			 recommended in-water work period identified in the Oregon Department of Fish
			 and Wildlife's "Oregon Guidelines for Timing of In-Water Work to Protect Fish
			 and Wildlife Resources" and is prohibited during periods when fish eggs could
			 be in the activity site;
(j) The
			 activity must comply with other applicable local, state, and federal laws and
			 regulations, including the federal Endangered Species Act; and
(k) The activity must not impede recreational
			 boating.
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 141-100-0060 - Scenic Waterway Emergency Removal/Fill Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application Procedures. Applications for
			 a State Scenic Waterway Emergency Removal-Fill Permit may be made verbally
			 (e.g., by phone), or by written application, including facsimile, by the
			 following procedures:
(a) Applicants must
			 provide the Department the following information:
(A) Location of emergency;
(B) A description of the emergency;
(C) The proposed action to be taken;
			 and
(D) The potential consequences
			 of taking no action.
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 141-100-0070 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants. Any
			 applicant whose application to the Department for a permit has been denied, or
			 who objects to any of the permit conditions imposed by the Director, may,
			 within 21 calendar days of the denial of the permit or the imposition of any
			 condition, request a hearing from the Director. The hearing will be conducted
			 as a contested case hearing in accordance with ORS
			 196.825(6).
(2) Aggrieved or Adversely Affected Persons.
			 Any person, excluding permit applicants, aggrieved or adversely affected by
			 issuance or denial of a permit by the Director may file a written request for
			 hearing within 21 calendar days after the date the permit was granted in the
			 manner provided by ORS
			 196.835.
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
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 141-100-0080 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
The Director is authorized to take civil, criminal and
				administrative action to enforce the requirements of this Division using the
				authorities provided by the Removal-Fill Law according to ORS
				196.860 through
				196.990 and OAR
				141-085.
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
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 141-100-0090 - Appeals of Enforcement Orders

Current through Register Vol. 63, No. 7, July 1, 2024
Any person aggrieved by a proposed enforcement order of the
				Director for a removal-fill violation in a State Scenic Waterway may request a
				contested case hearing within 20 calendar days of the date of personal service
				or mailing of the notice of order. However, requesting a contested case hearing
				on a Cease and Desist Order must be made within 10 calendar days of the date of
				personal service or mailing of the notice of order. Hearing procedures are the
				same as for other Removal-Fill Law violations as provided in OAR
				141-085.
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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 102 - OREGON ESSENTIAL INDIGENOUS ANADROMOUS SALMONID HABITAT › Section 141-102-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				196.810(1)(b),
				these rules:
(1) Designate "essential
			 indigenous anadromous salmonid habitat (ESH)" on maps that are made a part of
			 this rule;
(2) Establish the
			 process to amend the designation; and
(3) Require an authorization from the
			 Department for activities involving the fill or removal of any amount of
			 material in ESH unless the activity is exempt.
Statutory/Other Authority: ORS
				  196.810
Statutes/Other Implemented: ORS
				  196.800  - 196.990 & 390.805 - 390.925
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 102 - OREGON ESSENTIAL INDIGENOUS ANADROMOUS SALMONID HABITAT › Section 141-102-0010 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the
			 policy of the State of Oregon to protect ESH.
(2) To achieve this policy, the Department
			 shall:
(a) Consult with the Department of Fish
			 and Wildlife (ODFW) concerning the status of Oregon's indigenous anadromous
			 salmonid species;
(b) Identify ESH
			 in consultation with ODFW and the public through rulemaking; and
(c) Review all projects proposed in ESH
			 pursuant to the standards set forth in the state's Removal-Fill Law (ORS
			 196.600 to
			 196.990) and rules (OAR
			 141-085)
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 102 - OREGON ESSENTIAL INDIGENOUS ANADROMOUS SALMONID HABITAT › Section 141-102-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Essential"
			 means those portions of a stream reach that fill all or part of the basic or
			 indispensable spawning or rearing needs of indigenous anadromous salmonids and
			 are those areas necessary to prevent the depletion of indigenous anadromous
			 salmonids. Such areas include "spawning habitat" and "rearing habitat" as
			 defined below under sections (3) and (4) of this rule (Oregon Fish Habitat
			 Distribution Data Standard, Version 2.0, February 2011:
http://www.oregon.gov/DAS/CIO/GEO/standards/docs/oregonfishhabitatdistributiondatastandardv2.pdf
).
(2) "Indigenous anadromous salmonid" means
			 chum, sockeye, Chinook and Coho Salmon, and steelhead and cutthroat trout, that
			 are members of the family of Salmonidae and are listed as sensitive, threatened
			 or endangered by a state or federal authority.
(3) "Spawning Habitat" " includes areas where
			 eggs are deposited and fertilized. For some species, including salmonids, this
			 also includes areas where gravel emergence occurs and where at least some
			 juvenile development occurs.
(4)
			 "Rearing Habitat" includes areas outside primary spawning habitats where
			 juvenile fish take up residence during some stage of juvenile development and
			 use the area for feeding, shelter, and growth. Some migration also occurs as
			 juvenile and adult fish move between the ocean and spawning grounds.
Statutory/Other Authority: ORS
				  196.810
Statutes/Other Implemented: ORS
				  196.800  - 196.990 & 390.805 - 390.925
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 102 - OREGON ESSENTIAL INDIGENOUS ANADROMOUS SALMONID HABITAT › Section 141-102-0030 - Designation of Essential Salmon Habitat (ESH)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Areas designated as ESH shall include the
			 waters of this state as described in OAR 141-085, including streams and any
			 adjacent off-channel rearing or high-flow refugia habitat with a permanent or
			 seasonal surface water connection to the stream.
(2) The streams and stream segments
			 designated as ESH are shown on maps that are incorporated by reference in this
			 rule.
(3) The Department will make
			 available detailed maps of ESH at cost and the maps are also available for
			 downloading and viewing on the Department's website (
http://www.oregon.gov/dsl/PERMITS/Pages/esshabitat.aspx
).
Statutory/Other Authority: ORS
				  196.810
Statutes/Other Implemented: ORS
				  196.800  - 196.990 & 390.805 - 390.925
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 102 - OREGON ESSENTIAL INDIGENOUS ANADROMOUS SALMONID HABITAT › Section 141-102-0040 - Revisions to ESH

Current through Register Vol. 63, No. 7, July 1, 2024
Revisions, additions to or deletions from the list and maps of
				ESH shall be made by amendment to these administrative rules according to the
				following procedure:
(1) The
			 Department will consult annually with ODFW on the accuracy of the ESH
			 designations.
(2) In consultation
			 with ODFW and other affected parties, the Department may revise the maps when
			 new or higher quality data become available and/or when new state or federal
			 listings or delistings occur that would substantially change the extent of
			 designated habitat.
Statutory/Other Authority: ORS
				  196.810
Statutes/Other Implemented: ORS
				  196.800  - 196.990 & 390.805 - 390.925
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0000 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules:
(a) Apply to the management of state land for
			 the grazing of livestock; and
(b)
			 Establish a process for authorizing grazing of livestock through the granting
			 of leases and trailing permits.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Animal Gain"
			 is the number of pounds gained by an animal over a specific period while
			 grazing.
(2) "Animal Unit" or "AU"
			 is one mature cow of approximately 1,000 pounds and a calf up to weaning,
			 usually 6 months of age, or their equivalent as determined by the Department.
			 For example: one yearling is 0.7 of an animal unit; one bull is 1.35 of an
			 animal unit; one dry cow is 0.92 of an animal unit; one horse is 1.25 of an
			 animal unit, or one sheep is 0.20 of an animal unit.
(3) "Animal Unit Month" or "AUM" is the
			 amount of forage (approximately 800 pounds of air-dried material) necessary to
			 feed one animal unit for one month.
(4) "Annual Operating Plan" or "AOP" is a
			 plan developed every year by the Department following consultation by
			 Department staff with a lessee to guide the grazing of livestock on a
			 particular leasehold for a grazing year to meet the objectives outlined in an
			 approved Leasehold Management Plan ("LMP").
(5) "Applicant" is any person applying for a
			 livestock forage grazing lease or a livestock trailing permit who meets the
			 following qualifications:
(a) Be a "person" as
			 defined in these rules and if an individual, be at least 18 years old;
			 and
(b) Be able to demonstrate the
			 ability to fully meet all terms and conditions of the lease, including all
			 provisions of an approved LMP applicable to the lease.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0010 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
The following policies will guide the Department in managing
				state land for grazing including those lands referred to as Common School
				Grazing Lands for livestock use under these rules:
(1) All Trust Land will be managed in
			 accordance with the need to maximize long-term financial benefit to the Common
			 School Fund.
(2) All Trust and
			 Non-Trust Land will be managed with the objective of obtaining the greatest
			 benefit for the people of this state consistent with the conservation of this
			 resource under sound techniques of land management.
(3) The Department will honor the terms and
			 conditions of any existing valid forage lease including any that entitle the
			 lessee to compensation or renewal.
(4) The Department will manage state lands
			 used for livestock grazing to prevent human-induced loss of ecosystem health.
			 Toward this end, the Department will assist in implementing leasehold
			 improvements and practices that maintain, achieve or restore healthy, properly
			 functioning ecosystems and maintain, restore, or enhance water
			 quality.
(5) The Department will,
			 to the best of its ability, monitor and assess ecosystem health. The Department
			 may use assessments and routine monitoring as the basis for management
			 decisions.
(6) The Department may
			 authorize other, non-forage-related uses for a leasehold, even if the leasehold
			 is already subject to a forage lease, pursuant to these regulations and the
			 terms and provisions of the forage lease.
(7) The Department will manage all lands
			 leased for livestock grazing or permitted for livestock trailing in accordance
			 with the applicable land classification as guided by the AMP and any applicable
			 SAMP or LMP.
(8) The Department
			 may, at its discretion, deny a lease application or lease renewal to use
			 state-owned land if the applicant's financial status or past business or
			 management practices indicate that they may not:
(a) Be able to fully meet the terms and
			 conditions of a lease or other form of authorization offered by the Department;
			 or
(b) Use the land applied for in
			 a way that is consistent with the policies of OAR 141-110-0010, listed
			 above.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0035 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 persons applying to lease rangeland forage, or renew an expiring lease having a
			 renewal provision must:
(a) Apply to the
			 Department using a form provided by the Department. One application form shall
			 be submitted for each leasehold for which a lease is requested;
(b) Submit a non-refundable application fee
			 for each application as provided in OAR 141-110-0045
(c) Provide copies of the relevant corporate
			 or partnership organizing documents; and
(d) Provide documentation of brand
			 certification.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0040 - Leasing Process for Vacant Rangelands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of a fully completed
			 application, the Department will determine in a timely manner if the applicant
			 is eligible to lease, and if the requested state land is available for a forage
			 lease.
(2) If the Department
			 determines that:
(a) The applicant is
			 ineligible to enter into a forage lease, the Department will notify the
			 applicant in writing and state the reason for the ineligibility
			 determination.
(b) The requested
			 state land is not available for a forage lease, the Department will notify the
			 applicant in writing and state the reason the state land is not
			 available.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0045 - Application Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 application for a forage lease (including renewals) must be accompanied by a
			 non-refundable fee payable to the Department in the amount of $250.
(2) An application for the Department's
			 approval of a sublease or assignment of a forage lease must be accompanied by a
			 non-refundable application fee of $250 payable to the Department.
(3) An application for a livestock-trailing
			 permit must be accompanied by a non-refundable application fee of
			 $50.
Stat. Auth.: ORS
				  273.045 &
				  273.051
Stats. Implemented: ORS
				  273.805,
				  273.815 &
				  273.825
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0060 - General Lease Terms and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A forage lease grants a lessee the right
			 to use a leasehold for livestock grazing purposes in accordance with the lease
			 terms and conditions; applicable local, state and federal laws; an approved LMP
			 or SAMP, if applicable; and these rules.
(2) The Department or its authorized
			 representative(s) may enter upon any leasehold at any reasonable time to make
			 any necessary examinations or investigations, or to conduct noxious weed or
			 pest abatement, or for wildfire control.
(3) Each forage lessee must maintain and make
			 available to the Department upon request all records and accounts related to
			 the leasehold. These records shall accurately reflect the period of time each
			 leasehold was used.
(4) A forage
			 lessee shall obtain prior written authorization from the Department before
			 using, placing, or storing, or allowing another person to use, place or store
			 any hazardous, waste or other material on the leasehold. Additionally, a forage
			 lessee, when authorized by the Department to use a pesticide, chemical or
			 insecticide must only do so in strict compliance with all laws and
			 manufacturer's instructions and shall take all necessary precautions to protect
			 the leasehold and its soil and vegetation. The lessee shall keep and maintain
			 accurate and complete records of the amount of such materials stored or used on
			 the leasehold and shall immediately notify the Department of any potential risk
			 to the leasehold.
(5) The lessee
			 must cooperate and comply with:
(a)
			 Appropriate county agencies and the Oregon Department of Agriculture in the
			 detection, prevention and control of noxious weeds;
(b) The Oregon Department of Agriculture and
			 the Department in the management of plant pests and diseases; and
(c) The Department and other agencies in the
			 detection, prevention and control of wildfires on a leasehold.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0080 - Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The annual
			 compensation for livestock forage is the greatest of:
(a) $250;
(b) $4.25 per AUM; or
(c) The carrying capacity of the leasehold in
			 AUMs multiplied by the annual AUM rate (expressed in dollars per AUM). The
			 Department will establish the carrying capacity for each leasehold, which will
			 be periodically reviewed. For those leaseholds that have highly variable annual
			 forage production, their carrying capacity may be determined based on reliable
			 actual grazing use records for a given year. As a result, the annual rental
			 rate may vary from year to year for such leaseholds.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0085 - Lease Renewals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At
			 least 180 calendar days prior to the current lease expiration date, the
			 Department will send the lessee of record a notice by certified mail indicating
			 the date of expiration along with a lease renewal application form. The lease
			 renewal application form must be received by the Department not less than 90
			 calendar days prior to the expiration of the lease.
(2) The Department may review the lands
			 incorporated in the leasehold prior to expiration of the lease to determine
			 their continued suitability for grazing.
(3) Upon receipt of a completed lease renewal
			 application form, the lease will be renewed for a term of up to 10 calendar
			 years unless:
(a) Otherwise specified in the
			 applicable forage lease;
(b) The
			 land has been reclassified according to the Asset Management Plan to a land
			 classification other than rangelands;
(c) The lessee has not complied with the
			 terms of the lease, related statutes, these rules, or any applicable LMP and
			 amendments thereto; or
(d) The
			 Department determines that the renewal of the lease for all or portions of the
			 leasehold is contrary to local, state, or federal law; or inconsistent with the
			 Land Board's fiduciary responsibilities; or will not result in the greatest
			 public benefit, consistent with the conservation of the resource under sound
			 techniques of land management as required by Article VIII, Section 5, of the
			 Oregon Constitution.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0100 - Leasehold Management Plan (LMP)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A leasehold management plan consists, at
			 a minimum, of the following:
(a)
			 Identification of the leasehold area;
(b) Identification of the presence and
			 condition of the natural (for example, wildlife or water), recreational,
			 cultural and historic resources within the leasehold affected by the
			 lease;
(c) Identification of
			 existing leasehold improvements;
(d) Identification of condition of the
			 leasehold's forage resources;
(e)
			 Determination of the carrying capacity (in AUMs) and forage production
			 capabilities;
(f) Identification of
			 leasehold management issues and concerns as they relate to livestock
			 grazing;
(g) Establishment of
			 leasehold management objectives and monitoring methods;
(h) Establishment of leasehold management
			 schedules including but not limited to grazing use or review of annual
			 operating plans (AOPs); and
(i)
			 Identification of new treatments or improvements designed to achieve leasehold
			 management objectives.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0110 - Subleases and Assignment of Leases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any lessee wanting to sublease or assign
			 a lease to another person must:
(a) Apply to
			 the Department for prior written authorization on a form provided by the
			 Department; and
(b) Submit a
			 non-refundable application fee as provided for in OAR
			 141-110-0045(2).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0120 - Improvements by Lessee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 improvement may be constructed or placed upon leased land unless the lessee has
			 obtained the prior written authorization of the Department.
(2) The Department will consider the
			 following factors before deciding whether to authorize a proposed improvement
			 on a leasehold:
(a) Need for the proposed
			 improvement;
(b) Benefits of the
			 proposed improvement;
(c) Impacts
			 of the proposed improvement on the leasehold, fish and wildlife habitat,
			 recreational resources, historical resources and cultural resources;
			 and
(d) Whether the proposed
			 improvement is permitted by the local jurisdiction's acknowledged comprehensive
			 plan and land use regulations.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0135 - Livestock Trailing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Livestock trailing by any person other than the forage lessee operating within
			 their leasehold requires a livestock trailing permit.
(2) Any person applying for a livestock
			 trailing permit must do so in writing on a form provided by the Department and
			 include the application fee as provided in OAR 141-110-0045(3).
(3) The application must be received (unless
			 otherwise agreed to by the Department) at least 30 calendar days prior to the
			 intended livestock trailing.
(4)
			 Upon receipt of a completed application the Department will determine whether
			 or not to issue the livestock trailing permit.
(5) The Department may issue, deny, or issue
			 with conditions the livestock trailing permit only after a determination that
			 the applicant has shown that the proposed livestock trailing will not:
(a) Substantially interfere with the
			 activities of the forage lessee or any other authorized uses of the area
			 subject to the livestock trailing;
(b) Substantially impact fish, wildlife,
			 recreational, cultural or other resources; or
(c) Pose a public safety hazard.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0145 - Livestock Trespass

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 unauthorized livestock found on state land will be considered in
			 trespass.
(2) The Department will
			 identify and notify the owner of all livestock found in trespass.
(3) The Department may pursue all appropriate
			 legal remedies to assure that the Department is fairly compensated by the
			 livestock owner for the impacts (including resource damages) of the trespassing
			 livestock and that future trespass is deterred.
Stat. Auth.: ORS
				  273.045 &
				  273.051
Stats. Implemented: ORS
				  273.805,
				  273.815 &
				  273.825
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 110 - MANAGEMENT AND LEASING OF RANGELAND FORAGE › Section 141-110-0150 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant for an authorization or any other person adversely
				affected by a decision of the Department concerning an authorization, closure
				or restriction to the use of state-owned lands may appeal the decision to the
				Director.
(1) Such an appeal must be
			 received by the Director no later than 30 calendar days after the date of
			 delivery of the decision.
(2) The
			 Director will decide the appeal within 60 calendar days after the date of
			 delivery of the appeal.
(3) The
			 Director may affirm the decision, issue a new or modified decision, or request
			 the appellant to submit additional information to support the appeal.
(4) If the appeal is regarding a decision
			 made by the Land Board, the Director may recommend to the Land Board either
			 that the authorization issuance or denial be affirmed based on the merits of
			 the request, or that the Land Board authorize initiation of a contested case
			 proceeding.
Stat. Auth.: ORS
				  273.045 &
				  273.051
Stats. Implemented: ORS
				  273.805,
				  273.815 &
				  273.825
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0000 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to decisions concerning wetland resource designations and analysis of
			 alternatives made after the local government sponsoring the Wetland
			 Conservation Plan (WCP) has:
(a) Defined the
			 WCP area;
(b) Completed the
			 required Local Wetlands Inventory (LWI) according to the criteria of OAR
			 141-086-0180  to 141-086-0240;
(c)
			 Completed the required wetland function and value assessments using an
			 assessment methodology acceptable to the Division; and
(d) Developed WCP Goals for the planning area
			 that consider the legislative findings in ORS
			 196.668.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule:
(a) Identifies the procedures for local
			 governments and the Director to use when analyzing alternatives to adversely
			 impacting wetland systems;
(b)
			 Provides criteria for local governments to use when designating wetlands or
			 portions of wetlands within the WCP into Protection, Conservation or
			 Development Categories; and
(c)
			 Defines the minimum information required of local governments to allow the
			 Director to develop findings of fact to determine whether practicable
			 alternatives to adversely impacting wetlands or portions of wetlands designated
			 into the Development Category are available. This information includes the
			 determination of whether:
(A) A public need
			 for the proposed use is, set forth in the acknowledged local comprehensive
			 plan;
(B) Adverse impacts to
			 wetland systems are avoided to the extent practicable; and
(C) The anticipated impacts of fill or
			 removal on wetland systems are minimal.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0020 - Applicable Policies

Current through Register Vol. 63, No. 7, July 1, 2024
The Division shall adhere to the following policies when
				providing technical assistance to local governments developing a WCP and when
				reviewing a WCP proposed for the Director's approval:
(1) Wetland systems are important ecological
			 components of the landscape and provide numerous functions and
			 values;
(2) The Division shall
			 ensure that full replacement of wetland functions and values, lost under the
			 authority of OAR 141-120-0000  to 141-120-0230, occurs and that a stable
			 resource base is maintained;
(3)
			 Local governments have the authority to establish and, as necessary, adjust the
			 Urban Growth Boundary (UGB) and the Division shall accept decisions,
			 acknowledged by the Land Conservation and Development Commission or by
			 operation of law, that relate to setting or adjusting the UGB or the boundaries
			 of an Urban Service Area or Exception Area;
(4) The state shall promote the protection,
			 conservation and best use of wetland resources and their functions and values
			 through the integration and close coordination of state-wide planning goals,
			 local comprehensive plans and state and federal regulatory programs (ORS
			 196.672(1));
(5) Because WCPs are meant to resolve
			 conflicts between the protection and conservation of wetlands and the use of
			 wetlands for development, the WCP area shall include undeveloped land with
			 development conflicts involving wetlands;
(6) The Division shall not approve a WCP that
			 merely attempts to obtain state authorization for individual development
			 projects including those that cover large areas, are multi-phased or are
			 controlled by a single ownership or management entity;
(7) Wetlands designated in the Protection
			 Category and those used for compensatory mitigation under a WCP shall be
			 protected in perpetuity. A protection designation may only change as a result
			 of a plan amendment (ORS
			 196.684), if, after opportunity
			 for public comment, the Director finds that a substantial change in
			 circumstance has occurred; and
(8)
			 For the purpose of this rule, the determination of whether a wetland provides a
			 function or value, has potential to provide a function or value, does not
			 provide a function or has enhancement potential will be made according to the
Oregon Freshwater Wetland Assessment Methodology
unless the local
			 jurisdiction has obtained written approval from the Division to use a different
			 assessment methodology. If a different assessment methodology is approved then
			 equivalent terminology will be set out in the Division's letter of
			 approval.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0040 - Wetland Resource Designations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 196.678(2)(d)
			 and 196.681(3)(c)
			 require that wetlands or portions of wetlands within a WCP area be placed into
			 a protection, conservation or development category.
(2) The wetland resource designation(s) must
			 take into consideration the capability of the wetland system to withstand
			 alterations while maintaining important wetland functions.
(3) Local governments shall identify wetlands
			 that meet the criteria for the Protection Category (OAR 141-120-0070) and
			 designate these wetland resources into the Protection Category prior to
			 designating wetland resources into the Conservation or Development
			 Categories.
(4) Wetlands designated
			 into the Protection Category shall not be redesignated into the Development or
			 Conservation Categories except as allowed under OAR 141-120-0020(7).
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0050 - The Purpose of the Protection Category

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of placing wetlands or portions of wetlands into
				the Protection Category is to protect important wetland resources in perpetuity
				except as specified in OAR 141-120-0020(7), and preserve them for the functions
				and values they provide for the people of Oregon.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0060 - Management Directive for the Protection Category

Current through Register Vol. 63, No. 7, July 1, 2024
Local governments shall ensure that areas in the Protection
				Category are managed to:
(1) Allow
			 each site's natural ecological processes to occur; or
(2) Maintain or enhance the existing wetland
			 type, functions or values.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0070 - Designation Criteria for the Protection Category

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local governments at a minimum shall
			 place into the Protection Category wetlands or portions of wetlands that:
(a) Contain uncommon wetland plant
			 communities including those listed in the Oregon Natural Heritage Program's
Classification and Catalog of Native Wetland Plant Communities in
			 Oregon
as G3 or S3 or lower;
(b) Are legally protected;
(c) Are inhabited by or support any species
			 listed by the federal or state government as a sensitive, threatened or
			 endangered species in Oregon unless consultation with the appropriate state or
			 federal agency indicates that the wetland is not important for the species;
			 or
(d) Are listed as "Wetlands of
			 Special Interest for Protection" in the
Oregon Freshwater Wetland
			 Assessment Methodology
; or
(e) Are located in designated floodways;
			 or
(f) Are identified as habitat
			 for spawning or rearing anadromous salmonid fish by the Oregon Department of
			 Fish and Wildlife or the National Marine Fisheries Service.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0080 - Uses Allowed in the Protection Category

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local government may prohibit all human
			 use in areas placed in the Protection Category.
(2) A local government may allow only the
			 following uses in areas placed in the Protection Category without additional
			 review:
(a) Passive recreation activities that
			 require no structures, such as bird watching, canoeing or nature
			 walks;
(b) Restoration of native
			 plant species by manual means;
(c)
			 Sensitive, threatened and endangered species recovery programs that do not
			 involve physical or hydrological alteration of the area; and
(d) Educational uses or research that does
			 not involve physical or hydrological alterations that will adversely affect
			 wetland functions.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0090 - The Purpose of the Conservation Category

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of placing wetlands or portions of wetlands into
				the Conservation Category is:
(1) To
			 conserve, restore or enhance the functions and values of the wetland resources
			 for the long-term benefits provided; and
(2) To authorize those uses allowed under OAR
			 141-120-0130.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0100 - Management Directive for the Conservation Category

Current through Register Vol. 63, No. 7, July 1, 2024
Local governments shall ensure that areas in the Conservation
				Category are managed to conserve or enhance the functions and values of the
				wetland resource except as impacted by uses allowed under OAR
				141-120-0130.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0110 - Compensatory Mitigation Requirement for the Conservation Category

Current through Register Vol. 63, No. 7, July 1, 2024
Compensatory mitigation is required for all uses allowed in the
				Conservation Category that cause permanent loss of wetland functions, values or
				wetland area.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0120 - Designation Criteria for the Conservation Category

Current through Register Vol. 63, No. 7, July 1, 2024
Local governments may place wetlands or portions of wetlands
				into the Conservation Category that do not meet the designation criteria for
				the Protection Category. The Conservation Category should include wetlands
				that:
(1) Are located within a
			 designated 100 year flood plain;
(2) Provide a function or value listed as a
			 WCP goal;
(3) Provide enhancement
			 potential as defined in the
Oregon Freshwater Assessment
			 Methodology
or an assessment methodology acceptable to the
			 Division;
(4) Are suitable for the
			 uses set out in OAR 141-120-0130; or
(5) Maintain continuity of a:
(a) Wildlife corridor;
(b) Stream corridor; or
(c) Greenway or recreational
			 corridor.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0130 - Uses Allowed in the Conservation Category

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local government may allow the
			 following uses in areas placed in the Conservation Category without additional
			 review:
(a) All uses allowed under OAR
			 141-120-0080(2);
(b) Actions to
			 control vegetation required by the local Fire Marshall or ordinances to prevent
			 fire hazards; and
(c) Ongoing
			 normal farming and ranching activities conducted in accordance with federal,
			 state and local laws.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0140 - The Purpose of the Development Category

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of placing wetlands or portions of wetlands into
				the Development Category is to help balance the public's need for development
				with the need to protect and conserve important wetland
				resources.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0150 - Management Directive for the Development Category

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To offset the adverse impacts of allowing
			 wetlands to be used for development, the associated mitigation plan for the WCP
			 shall ensure full replacement of wetland functions and values and shall
			 maintain a stable resource base.
(2) Until development projects are reviewed
			 and authorized in accordance with the WCP or the Director's order approving the
			 WCP, local governments shall ensure that areas in the Development Category are
			 managed according to OAR 141-120-0100.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0160 - Designation Criteria for the Development Category

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local government may designate isolated
			 wetlands one acre or less in area into the Development Category if:
(a) The local government determines that
			 there is no less damaging practicable alternative within the WCP area with the
			 same zoning; and
(b) The function
			 and value assessment indicates that the wetland:
(A) Provides no functions or values and has
			 little enhancement potential; or
(B) Provides or has potential to provide only
			 functions or values that are not listed as WCP Goals; or
(C) The local government demonstrates with
			 findings of fact and supporting reasons that the wetland can reasonably be
			 expected to be adversely impacted by committed infrastructure; and