reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 89 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL AUTHORIZATIONS WITHIN WATERS OF THIS STATE › Section 141-089-0835 - Non-motorized In-stream Placer Mining in ESH - Activity-Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 Conditions Apply. Activities eligible for this General Authorization must
			 adhere to the general conditions in OAR 141-089-0650  except for subsections
			 (8), (9), and (14). The following activity-specific conditions also
			 apply:
(2) Prevent Fish Stranding.
			 Upon completion of the activity at any given location, the responsible party
			 must fill all furrows, potholes and other depressions created by the
			 activity.
(3) Level All Piles. Upon
			 completion of the activity at any given location, the responsible party must
			 level all piles created by the activity.
(4) Wet Perimeter. The activity must be
			 confined to the wet perimeter.
(5)
			 Disturbance of the Bank and Riparian Vegetation. The activity must not disturb
			 the bank. The activity may not undercut or erode banks or remove or disturb
			 boulders, rooted vegetation, embedded woody material, or other habitat
			 structure on the bank. The activity may not disturb or destroy woody vegetation
			 on the bank for the creation of new access routes.
(6) Fish Passage. The activity shall not
			 divert a waterway or obstruct fish passage.
(7) Minimization of Impounded Water. The
			 activity may impound only the minimal area of water necessary to operate the
			 dredge under the following conditions:
(a) Any
			 temporary dam shall not extend across more than 75% of the width of the surface
			 water at the time the activity occurs;
(b) Any temporary dam shall be consistent
			 with ODFW requirements set forth in ORS
			 509.580 through 509.901 and OAR 635-412-0005  through 635-412-0040;
(c) Any temporary dam shall be removed
			 immediately upon completion of the activity.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 90 - ADMINISTRATIVE RULES FOR WETLAND DELINEATION REPORT REQUIREMENTS AND FOR JURISDICTIONAL DETERMINATIONS FOR THE PURPOSE OF REGULATING FILL AND REMOVAL WITHIN WATERS OF THIS STATE › Section 141-090-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish standards and
				procedures by which the Department of State Lands makes jurisdictional
				determinations for the purpose of regulating fill and removal within waters of
				this state. These rules also establish minimum standards for wetland
				delineation reports submitted to the Department for review and the procedures
				for Department review and approval.
Statutory/Other Authority: ORS
				  196.845 & 196.692
Statutes/Other Implemented: ORS
				  196.800 - 196.990, 196.600 -
				  196.665, 196.668 - 196.692 & 197.279
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 90 - ADMINISTRATIVE RULES FOR WETLAND DELINEATION REPORT REQUIREMENTS AND FOR JURISDICTIONAL DETERMINATIONS FOR THE PURPOSE OF REGULATING FILL AND REMOVAL WITHIN WATERS OF THIS STATE › Section 141-090-0010 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 establish the standards and procedures used by the Department of State Lands to
			 identify waters of this state, which are subject to regulation and
			 authorization requirements of the Removal-Fill Law (ORS
			 196.800 to
			 196.990).
(2) These rules are supplemental to
			 administrative rules for issuance and enforcement of removal and fill
			 authorizations (OAR 141-085; 141-0102); rules pertaining to wetland
			 conservation plans and local wetlands inventories (OAR 141-086; 141-120); rules
			 pertaining to the identification of significant wetlands (OAR 141-086); rules
			 pertaining to General Authorizations (141-089); rules pertaining to General
			 Permits (141-093) and rules pertaining to Oregon Scenic Waterways
			 (141-100).
(3) Agencies such as the
			 U.S. Army Corps of Engineers (USACE) and the Natural Resources Conservation
			 Service (NRCS) have separate regulatory authority over waters of the United
			 States and separate jurisdictional determination procedures.
Statutory/Other Authority: ORS
				  196.845 & 196.692
Statutes/Other Implemented: ORS
				  196.800 - 196.990, 196.600 -
				  196.665, 196.668 - 196.692 & 197.279
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 90 - ADMINISTRATIVE RULES FOR WETLAND DELINEATION REPORT REQUIREMENTS AND FOR JURISDICTIONAL DETERMINATIONS FOR THE PURPOSE OF REGULATING FILL AND REMOVAL WITHIN WATERS OF THIS STATE › Section 141-090-0015 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the
			 policy of the State of Oregon that the protection, conservation and best use of
			 the water resources of this state are matters of the utmost public concern (ORS
			 196.805) and that the state use
			 a single definition of wetlands and a single, uniform methodology of
			 delineating wetland boundaries (ORS
			 196.672).
(2) In accord with these policies the
			 Department shall, to the greatest extent possible:
(a) Provide a clear process for making,
			 revising, reconsidering, or reissuing jurisdictional determinations;
(b) Make jurisdictional determinations using
			 the best available science, technical guidance and documents;
(c) Use sound professional judgment in
			 interpreting maps, remotely sensed imagery, environmental data and other
			 relevant information;
(d) Provide
			 jurisdictional determinations that improve the level of regulatory certainty
			 for landowners and developers and that help ensure that removal or fill of
			 material in waters of this state does not occur without a required removal or
			 fill permit; and
(e) Encourage
			 landowners and developers to utilize wetland delineation reports at the
			 earliest stage of site development planning to incorporate measures to avoid
			 and minimize impacts to waters of this state and thus prevent unnecessary
			 regulatory delays.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 90 - ADMINISTRATIVE RULES FOR WETLAND DELINEATION REPORT REQUIREMENTS AND FOR JURISDICTIONAL DETERMINATIONS FOR THE PURPOSE OF REGULATING FILL AND REMOVAL WITHIN WATERS OF THIS STATE › Section 141-090-0025 - Procedures for Determinations Conducted Entirely by the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall make a determination (PJD or JD) according to the procedures in this
			 section.
(2) The Department may
			 make a determination for a number of reasons, including but not limited to:
(a) A written request from any person (e.g.,
			 a landowner or their agent) requesting a determination for one or more tax lots
			 or any portion thereof;
(b) A
			 Wetland Land Use Notice from a local government as required by ORS
			 196.676;
(c) A site development notice from a local
			 government;
(d) A request from a
			 local government or other government entity acting in its capacity to conduct
			 site assessments for project or planning purposes;
(e) A removal-fill authorization application,
			 request for a pre-application meeting or a compliance investigation;
(f) A request to review and approve a wetland
			 delineation report (see additional requirements and procedures in OAR
			 141-090-0030, 141-090-0032  and 141-090-0035); or
(g) In conjunction with its authority and
			 responsibilities under ORS
			 196.600 to
			 196.962,
			 196.800 to
			 196.990, and any applicable
			 rules of the Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 90 - ADMINISTRATIVE RULES FOR WETLAND DELINEATION REPORT REQUIREMENTS AND FOR JURISDICTIONAL DETERMINATIONS FOR THE PURPOSE OF REGULATING FILL AND REMOVAL WITHIN WATERS OF THIS STATE › Section 141-090-0030 - Technical Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Wetland determinations and delineations shall be conducted in accordance with
			 the manual and any supporting technical or guidance documents issued by the
			 Department.
(2) All other waters
			 (e.g., streams, estuaries, ditches) shall be delineated at the jurisdictional
			 limits described in OAR 141-085-0515.
(3) In addition to the requirements in this
			 section, wetland delineation reports submitted to the Department for review and
			 approval shall meet the standards and requirements in OAR
			 141-090-0035.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  196.845 & 196.692
Statutes/Other Implemented: ORS
				  196.800 - 196.990, 196.600 -
				  196.665, 196.668 - 196.692 & 197.279
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 90 - ADMINISTRATIVE RULES FOR WETLAND DELINEATION REPORT REQUIREMENTS AND FOR JURISDICTIONAL DETERMINATIONS FOR THE PURPOSE OF REGULATING FILL AND REMOVAL WITHIN WATERS OF THIS STATE › Section 141-090-0032 - Fees for Wetland Delineation Report Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person submitting a wetland
			 delineation report to the Department for review and approval must pay to the
			 Department a nonrefundable fee in the amount as determined under ORS
			 196.818(9). A
			 request for reissuance of an expiring report is not subject to an additional
			 fee.
(2) If the person submitting a
			 report withdraws the report from agency review after it has been submitted and
			 the fee paid, or if the Department withdraws the report according to OAR
			 141-090-0040(3)(d), any resubmittal is subject to a new fee.
(3) If a person wishes to change information
			 in or expand the geographic area covered by a report that is pending initial
			 review by the Department, a revised report may replace the previous report in
			 its entirety, without incurring an additional fee. This provision does not
			 apply to changes requested by the Department.
(4) A report that has been rejected by the
			 Department per OAR 141-090-0040(3)(f)  may be revised and resubmitted along with
			 an additional nonrefundable fee of $100.00.
Statutory/Other Authority: ORS
				  196.845 & 196.692
Statutes/Other Implemented: 196.800 - 196.990, 196.600 -
				  196.665, 196.668 - 196.692 & 197.279
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 90 - ADMINISTRATIVE RULES FOR WETLAND DELINEATION REPORT REQUIREMENTS AND FOR JURISDICTIONAL DETERMINATIONS FOR THE PURPOSE OF REGULATING FILL AND REMOVAL WITHIN WATERS OF THIS STATE › Section 141-090-0035 - Standards and Requirements for Wetland Delineation Reports Submitted to the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Report
			 Submittal: All wetland delineation reports ("reports") submitted to the
			 Department for review, approval, and a JD shall meet the technical requirements
			 in OAR 141-090-0030  as well as the minimum standards and requirements in this
			 rule. Reports must conform to the report format provided by the
			 Department.
(2) All wetlands and
			 other waters on the tax lot(s) or study area shall be included; the Department
			 will determine whether or not they are waters of this state, subject to
			 jurisdiction under OAR 141-085, 141-089, 141-093, 141-100, and
			 141-102.
(3) All report text, maps,
			 remotely sensed imagery, ground photographs, and data forms must be
			 legible.
(4) Reports must be
			 submitted as:
(a) A single, unlocked PDF file
			 with minimum resolution of 300 dpi and searchable text for the text portion of
			 the report; or
(b) Paper hard
			 copies, reproduced in color as applicable, unbound and must copy
			 legibly.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 90 - ADMINISTRATIVE RULES FOR WETLAND DELINEATION REPORT REQUIREMENTS AND FOR JURISDICTIONAL DETERMINATIONS FOR THE PURPOSE OF REGULATING FILL AND REMOVAL WITHIN WATERS OF THIS STATE › Section 141-090-0040 - Procedures for Review and Approval of a Wetland Delineation Report Submitted to the Department for a Jurisdictional Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a wetland delineation report is
			 submitted to the Department for review, approval and a JD, the Department shall
			 review the report (according to its established priorities) to ensure that:
(a) The work meets the technical requirements
			 in OAR 141-090-0030;
(b) The report
			 meets the standards and requirements in OAR 141-090-0035;
(c) There is sufficient information for the
			 Department to make a JD, including the geographic extent and characteristics of
			 any waters identified, as appropriate; and
(d) There is sufficient information for the
			 Department to determine the removal-fill authorization requirements or
			 exemptions that apply to the wetlands or other waters identified and/or the
			 activities proposed.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 90 - ADMINISTRATIVE RULES FOR WETLAND DELINEATION REPORT REQUIREMENTS AND FOR JURISDICTIONAL DETERMINATIONS FOR THE PURPOSE OF REGULATING FILL AND REMOVAL WITHIN WATERS OF THIS STATE › Section 141-090-0045 - Duration, Revision, Expiration and Reissuance of Jurisdictional Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 JDs by the Department shall be in writing and, except as provided in section
			 (2) of this rule, shall remain valid for a period of five years from the date
			 of issuance. A JD may be revised by the Department prior to the expiration date
			 if:
(a) A field investigation or new
			 information reveals that site conditions or the geographic extent of waters of
			 this state are not consistent with the information in a report or permit
			 application submitted to the Department;
(b) Additional site information or data is
			 provided voluntarily by an applicant, agent, or landowner to the
			 Department;
(c) Additional
			 information is provided to or obtained by the Department in conjunction with a
			 request for reconsideration (OAR 141-090-0050(1)-(3)), a contested case hearing
			 associated with an authorization application (ORS
			 196.825(6) and
			 OAR 141-085-0575), a contested case hearing provided under OAR
			 141-090-0050(4)(a), or an appeal provided under OAR
			 141-090-0050(4)(b);
(d) Information
			 is provided to or obtained by the Department in conjunction with an appeal to
			 the U.S. Army Corps of Engineers of an Approved Jurisdictional Determination
			 (33 CFR Parts 320, 326 and 331); or
(e) New information obtained by or provided
			 to the Department shows a change in circumstances resulting in a change in the
			 jurisdictional area.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 90 - ADMINISTRATIVE RULES FOR WETLAND DELINEATION REPORT REQUIREMENTS AND FOR JURISDICTIONAL DETERMINATIONS FOR THE PURPOSE OF REGULATING FILL AND REMOVAL WITHIN WATERS OF THIS STATE › Section 141-090-0050 - Request for Reconsideration, Contested Case, and Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A JD by the
			 Department may be reconsidered upon written request to the Department by the
			 landowner, agent, or applicant with landowner approval within six months of the
			 date of the JD (date the letter or form was signed by the Department). The
			 request for reconsideration initiates an informal review process.
(2) New information may be provided by the
			 applicant, landowner, agent or the Department, or may be requested by the
			 Department, as part of the reconsideration process.
(3) A reconsideration may result in a
			 modified JD or in the reaffirmation of the original JD.
(4) In the event that the landowner, agent,
			 or applicant with landowner permission disagrees with the reconsideration
			 decision, the applicant, landowner or agent may:
(a) Request a contested case proceeding
			 pursuant to ORS 183.413 through
			 183.470 by submitting a written
			 request so that it is received by the Department within 21 calendar days of the
			 reconsideration decision; or
(b)
			 Request an appeal by submitting a written request so that it is received by the
			 Department within 21 calendar days of the reconsideration decision. The appeal
			 option is available only when the disagreement is over a wetland determination
			 or delineation that has been the subject of reconsideration decision by the
			 Department. The appeal option is not available for ordinary high water line or
			 highest measured tide determinations and does not involve a review of whether
			 the wetland or other water is subject to state regulation.
(A) The Director shall decide the appeal
			 within 60 calendar days after the date of delivery of the appeal.
(B) The Director may affirm the
			 reconsideration decision, issue a new or modified decision, or request the
			 appellant to submit additional information to support the appeal.
(C) When an applicant has exhausted the
			 appeal process before the Director, they may submit an appeal for a contested
			 case hearing pursuant to ORS
			 183.413 through
			 183.470.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 90 - ADMINISTRATIVE RULES FOR WETLAND DELINEATION REPORT REQUIREMENTS AND FOR JURISDICTIONAL DETERMINATIONS FOR THE PURPOSE OF REGULATING FILL AND REMOVAL WITHIN WATERS OF THIS STATE › Section 141-090-0055 - Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
These rules become effective on June 1, 2023.
Statutory/Other Authority: ORS
				  196.845 & 196.692
Statutes/Other Implemented: ORS
				  196.800 - 196.990, 196.600 -
				  196.665, 196.668 - 196.692 & 197.279
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 91 - CHARGES FOR COPIES AND SERVICES › Section 141-091-0005 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise stated by rule, the Department of State Lands
				shall make charges for copies and services as follows:
(1) Per image for Xerox copies:
(a) State agencies -- $0.05;
(b) General public for material from
			 Department files, copies made by Department staff -- $0.25;
(c) General public for material from
			 Department files, making their own copies -- $0.10;
(d) Parties in contested cases, first 20
			 pages -- $0.25 each;
(e) Additional
			 pages -- $0.20;
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 91 - CHARGES FOR COPIES AND SERVICES › Section 141-091-0010 - Additional Fees

Current through Register Vol. 63, No. 7, July 1, 2024
An additional charge shall be added for actual cost of staff
				time required for research.
Stat. Auth.: ORS 192 & ORS 273
Stats. Implemented: ORS 192 & ORS 273
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 91 - CHARGES FOR COPIES AND SERVICES › Section 141-091-0015 - Billing

Current through Register Vol. 63, No. 7, July 1, 2024
Charges shall be paid in cash at the time of request for copies
				except that at the discretion of the Director or any Assistant Director,
				billing may accompany mailed copies. State agencies or other governmental
				bodies may be billed for copies.
Stat. Auth.: ORS 192 & 273
Stats. Implemented: ORS 192 &
				  273
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 91 - CHARGES FOR COPIES AND SERVICES › Section 141-091-0020 - Fees Waived

Current through Register Vol. 63, No. 7, July 1, 2024
Charges may be waived in the following instances:
(1) Routine requests from state, local, and
			 federal agencies;
(2) When charges
			 would total $.50 or less;
(3)
			 Copies of current leases, permits, etc., requested by lessee, permittee,
			 mortgagor, their insurance company, financial institution, etc.;
(4) Documents needed by applicants for leases
			 and permits, etc., such as administrative rules, lease forms, application
			 forms.
Stat. Auth.: ORS 192 & ORS 273
Stats. Implemented: ORS 192 & ORS 273
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 92 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICES CONTRACTS ENTERED INTO BY THE DIVISION OF STATE LANDS › Section 141-092-0020 - Introduction

Current through Register Vol. 63, No. 7, July 1, 2024
The following procedures for screening and selecting a
				contractor for a personal services contract are adopted as the procedures of
				the Division of State Lands, including the South Slough Estuarine Sanctuary and
				the Natural Heritage Advisory Council.
Stat. Auth.: ORS 273 & ORS 279
Stats. Implemented: ORS 273 & ORS 279
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 92 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICES CONTRACTS ENTERED INTO BY THE DIVISION OF STATE LANDS › Section 141-092-0021 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division of
			 State Lands will contract for consultant services when the specialized skills,
			 knowledge, and resources are not available within the Division; when the work
			 cannot be done in a reasonable time with the Division's own work force; when an
			 independent and impartial evaluation of a situation is required by a consultant
			 with recognized professional expertise and stature in a field; or when it will
			 be less expensive to contract for the work. Contracts will be let only after
			 approval by the Director, Deputy Director, or Assistant Director for Finance
			 and Administration.
(2) Agreements
			 for services of a consultant who is a member of the Public Employes' Retirement
			 System and who is employed in another department will normally be in the form
			 of an interagency agreement. Exceptions may be granted by the Director, Deputy
			 Director, or Assistant Director when it is shown that such an agreement is
			 impractical and that the work will be done strictly on the consultant's own
			 time. Such exceptions will be processed as a regular personal services
			 contract.
(3) This procedure will
			 be used in all cases except when the Director, Deputy Director, or Assistant
			 Director determines that an emergency will be subject to later
			 confirmation.
Stat. Auth.: ORS 273 & ORS 279
Stats. Implemented: ORS 273 & ORS 279
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 92 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICES CONTRACTS ENTERED INTO BY THE DIVISION OF STATE LANDS › Section 141-092-0025 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Agency" means
			 the Division of State Lands.
(2)
			 "Assistant Director" means any of the Assistant Directors for programs within
			 the Division of State Lands.
(3)
			 "Consultant" or "Contractor" means an individual or firm that has been found
			 qualified to do specified types of work for the Division of State Lands and
			 with whom the Division may contract.
(4) "Deputy Director" means the Deputy
			 Director of the Division of State Lands.
(5) "Director" means the Director of the
			 Division of State Lands.
(6)
			 "Program Manager" means the Manager for the South Slough National Estuarine
			 Sanctuary or the Manager for the Natural Heritage Advisory Council.
Stat. Auth.: ORS 273 & ORS 279
Stats. Implemented: ORS 273 & ORS 279
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 92 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICES CONTRACTS ENTERED INTO BY THE DIVISION OF STATE LANDS › Section 141-092-0030 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A contract file
			 will be maintained by the Finance and Administration Section. The file will
			 contain a complete record of the actions involved in developing and
			 administering the contract including the following:
(a) Statement of agency jurisdiction for the
			 contract;
(b) A copy of the request
			 for proposal;
(c) List of
			 prospective contractors who were requested to submit proposals;
(d) Method used to advertise/notify other
			 possible prospective contractors;
(e) A copy of each proposal;
(f) Method of evaluating proposals;
(g) Record of negotiations and
			 results;
(h) Basis for awarding
			 contract;
(i) Resulting contract,
			 if awarded.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 92 - SCREENING AND SELECTION PROCEDURES FOR PERSONAL SERVICES CONTRACTS ENTERED INTO BY THE DIVISION OF STATE LANDS › Section 141-092-0035 - Procedure and Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Director, Deputy Director, or Assistant Director or Program Manager determines
			 the agency requires the services of a consultant:
(a) Prepares agency justification for
			 contract;
(b) Prepares a cost
			 estimate for contract;
(c)
			 Determines type of selection and screening process to be used in selecting a
			 contractor;
(d) Completes screening
			 and selection procedure and selects a contractor.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0100 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Special
			 Headings and Fonts. Where headings, special fonts or double-spacing are used,
			 they are for the convenience of the user only and have no substantive
			 effect.
(2) Applicability of OAR
			 141-085. Unless otherwise specified under OAR 141-093, the provisions of OAR
			 141-085 apply to General Permits (GPs).
Stat. Auth.: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0103 - Agency Process and Standards for Establishing General Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Permits
			 Established by Rulemaking. GPs are issued by rule on a statewide basis or a
			 geographic basis.
(2) General
			 Permits Established by Order. GPs are issued by order for an applicant or group
			 of applicants to cover activities that are substantially similar in nature or
			 ongoing, and have predictable effects.
(3) Periodic Review. The GPs will be
			 periodically reviewed for compliance with the review standards set forth in ORS
			 196.600 through
			 196.905 and the Department must
			 find that each GP will not result in long-term harm to water resources of this
			 state.
(4) Amend or Rescind. The
			 Department will amend or rescind any GP upon a determination that the
			 activities conducted under the GP have resulted in or would result in
			 unacceptable individual or cumulative environmental effects or long-term harm
			 to the water resources of this state.
Stat. Auth.: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0104 - Project Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicability. This rule sets forth conditions under which a person may,
			 without an individual removal-fill permit from the Department, place or remove
			 material within waters of this state, excluding State Scenic Waterways, as
			 defined in OAR 141-085 for the purposes set forth in a GP.
(2) Department Determination of Eligibility.
			 To be eligible for a GP, a project must comply with the general conditions
			 described in OAR 141-093-0135  as well as the individual GP's purpose,
			 eligibility, authorized activities and activity-specific conditions. In the
			 event a dispute arises as to the applicability of a GP to any project
			 application, the Department will make the final determination.
(3) Thresholds and Best Management Practices
			 (BMPs). BMPs necessary to comply with the general conditions are not included
			 in the thresholds under each GP.
(4) Individual Permit May Be Required. The
			 Department may require an individual removal-fill permit for a project that
			 would otherwise be authorized by a GP if:
(a)
			 The activity conducted under the permit may have unpredictable effects or
			 outcomes which may result in unacceptable individual or cumulative
			 environmental effects to waters of this state; or
(b) The activity might result in long-term
			 harm to the water resources of this state; or
(c) If the Oregon Department of Fish and
			 Wildlife, the Oregon Department of Environmental Quality or the affected local
			 land use planning department request that the Department do so.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0105 - Application Requirements and Completeness Review for Authorizing Projects under a General Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authorization Required. Unless otherwise specified, a separate application must
			 be submitted to the Department before starting any project covered by a
			 GP.
(2) Required Information. A
			 complete, signed application must be submitted on forms provided by the
			 Department. The application must contain all applicable information set forth
			 in OAR 141-085-0550. An approved, unexpired wetland delineation is required
			 when wetlands are proposed for impact, unless otherwise approved by the
			 Department.
(3) Applicant Signature
			 Required. The applicant signature is required. As used in this section,
			 "applicant" means a person who has the authority and responsibility to fully
			 execute the terms and conditions of an authorization issued under these rules.
			 The applicant becomes the authorization holder. The OAR 141-085-0510(1)
 
			 definition of "applicant" does not govern use of the term in this
			 Division.
(4) Fee. Any person
			 proposing to conduct an activity under a GP must pay application fees in
			 accordance with the procedures set forth in the Fees and Disposition Section
			 under OAR 141-085-0545, unless otherwise specified in a specific GP.
Stat. Auth.: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0107 - Completeness and Eligibility Review for Authorizing Projects under a GP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial Review.
			 The Department will review the application within 15 calendar days (unless
			 otherwise stated in the administrative rules for a specific GP), of agency
			 receipt of the application to determine whether the application is complete and
			 the project is eligible for the GP.
(a)
			 Complete and Eligible Application. A complete application is one that contains
			 all the information required in the Department's application. An eligible
			 project is one that meets the eligibility requirements, activity-specific
			 application requirements and authorized activities listed under the
			 GP.
(b) Incomplete Application
			 Notification. If the Department determines that the application is incomplete
			 or deficient, the Department will notify the applicant in writing and list the
			 missing or deficient information. The applicant may resubmit the entire amended
			 package for reconsideration within 120 calendar days from date of the
			 Department's notice, unless instructed by the Department to do otherwise.
			 Submission of a new or amended application package starts a new initial review
			 period.
(c) Ineligible Projects. If
			 the review of the application results in a determination that the project is
			 ineligible for a GP, the applicant will be notified and informed of the reason
			 for ineligibility. The applicant may then either revise the project and
			 resubmit the application for reconsideration or apply for an Individual Permit
			 under OAR 141-085 within 120 calendar days from date of agency
			 determination.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0110 - Public Review Process for Authorizing Projects under a GP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Circulation of
			 the Application for Public Review. Once the application has been deemed
			 complete, the Department will provide notification of the availability of the
			 application for review either by U.S. mail or electronically (e.g., facsimile,
			 e-mail, posting on the internet) to adjacent property owners, watershed
			 councils, public interest groups, affected local government land use planning
			 departments, state agencies, federal agencies and tribal governments in the
			 geographic area affected by the permit.
(2) Copies of the Application by Request. The
			 Department will furnish to any member of the public, upon written request and
			 at the expense of the member of the public, a printed copy of any
			 application.
(3) Deadline for
			 Receipt of Public Comments. All recommendations and comments regarding the
			 application must be submitted in writing to the Department within the period
			 established by the Department, but not more than 15 calendar days from the date
			 of the notice. If a commenter fails to comment on the application within the
			 comment period, the Department will assume the commenter has no objection to
			 the project.
(4) Department Review
			 of Public Comments. The Department will review and consider substantive
			 comments received during the public review period. The Department may request
			 the applicant to provide additional information to address comments.
Stat. Auth.: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0115 - Department Determinations and Considerations in Evaluating Applications to Authorize Projects under a GP

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Departmental Final Review. The Department will evaluate the information
			 provided in the application, conduct its own investigation, and consider the
			 comments submitted during the public review process to determine whether or not
			 to issue an authorization under a GP. The Department will render a decision
			 within 40 calendar days of receipt of a complete application, unless otherwise
			 stated in the administrative rules for a specific GP.
(2) Extension of Decision Deadline. The
			 applicant may request additional time to respond to comments or to satisfy
			 other requirements. The applicant and the Department may agree to extend the
			 timeline for making a final authorization decision. If no agreement is reached,
			 the Department will make a final authorization decision within the original
			 time period specified in these rules.
(3) Effective Date of Review Standards. The
			 Department may consider only standards and criteria in effect on the date the
			 Department receives the complete application or renewal request.
(4) Department Determinations. The Department
			 will issue an authorization under a GP if it determines the project described
			 in the application:
(a) Has independent
			 utility;
(b) Is consistent with the
			 protection, conservation and best use of the water resources of this state as
			 specified in ORS 196.600 through
			 196.990;
(c) Would not unreasonably interfere with the
			 paramount policy of this state to preserve the use of its waters for
			 navigation, fishing and public recreation, when project is on state-owned
			 lands; and
(d) Meets the purpose
			 and eligibility requirements in the GP.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0120 - Expiration and Annual Billing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Term of Authorizations Issued Under a General Permit. Authorizations under a
			 General Permit may be kept active for up to five years or as allowed under a
			 specific GP provided the applicable annual fees are received by the Department
			 before the anniversary date of the authorization.
(2) Annual Billing Notice. Unless otherwise
			 specified, an annual fee is assessed for each year that the authorization is in
			 effect. The annual fee is equal to the base fee in effect at the time of annual
			 billing and is due by the anniversary date of issuance of the authorization.
			 Before the anniversary date of authorization, the Department will send an
			 annual billing notice to the authorization holder.
(3) Failure to Pay Annual Billing Fee. When a
			 GP authorization holder fails to submit the applicable annual fee, the
			 Department will expire the authorization on the anniversary date of the
			 authorization.
(4) One-Time Fee
			 Assessment for Authorization under a General Permit. Authorization under a GP
			 may be issued for up to five years, the Department may, at the request of the
			 applicant, assess a one-time fee based on the fee schedule in effect at the
			 time of the application or annual billing. The one-time fee must include:
(a) The application fee; and
(b) Any applicable annual fees for the
			 duration of the term of the authorization.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0125 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
Failure to adhere to the terms of any authorization issued
				under this division is a violation of the Removal-Fill Law and may be subject
				to appropriate enforcement in accordance with OAR 141-085.
Stat. Auth.: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0130 - Appeal Process for Authorizations Issued under General Permits

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of OAR 141-085-0575  and 141-085-0580  are
				incorporated here by reference.
Stat. Auth.: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Stats. Implemented: ORS
				  196.600 -
				  196.692,
				  196.795 -
				  196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0140 - Transportation-Related Structures - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This General Permit (GP) authorizes removal-fill for certain
				activities related to existing transportation structures.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0141 - Transportation-Related Structures - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions. For the purposes of this
			 rule:
(a)
"Entrenchment ratio"
is
			 the ratio between the flood prone width and the width at the elevation at which
			 a stream first reaches the top of its natural banks and overflows.
(b)
"Floodplain"
means that
			 portion of a river valley, adjacent to the channel, which is built of sediments
			 deposited during the present regimen of the stream and which is covered with
			 water when the waterway overflows its banks at flood stage.
(c)
"Flood Prone Area"
means the
			 area adjacent to the stream that is inundated or saturated when the elevation
			 of the water is at twice the maximum depth at bankfull stage or three times the
			 average bankfull depth.
(d)
"Functional floodplain"
means the flood prone area up to 2.2 times
			 the width at OHWL for streams with an entrenchment ratio of 2.2 or greater, and
			 the entire width of the flood prone area for streams with an entrenchment ratio
			 less than 2.2. This area may be reduced by the presence of natural
			 constrictions, flow regulation, or encroachment of built infrastructure.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0145 - Transportation-Related Structures - GP-Specific Application Requirements for Authorizing Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Compensatory Mitigation. Unless otherwise approved by the Department,
			 compensatory mitigation options are:
(a)
			 Mitigation bank credit purchase from a Department-approved mitigation bank with
			 a service area that includes the proposed removal-fill site and that meets the
			 eligibility requirements for CM outlined in ORS 141-085-0690;
(b) In-lieu fee credit purchase that meets
			 the eligibility requirements for CM outlined in ORS 141-085-0690; and
(c) Cash payment to the Department's payment
			 in-lieu program.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0150 - Transportation-Related Structures - Authorized Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Existing Structures. Widening, replacing,
			 expanding use, maintaining and removing existing:
(a) Roads;
(b) Bridges;
(c) Pedestrian paths;
(d) Culverts;
(e) Boat ramps; and
(f) Airport runways and taxiways.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0151 - Transportation-Related Structures - GP-Specific Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Conditions Apply. All the
			 requirements, procedures and conditions set forth in OAR 141-093-0135  apply to
			 this GP.
(2) Work Area Isolation.
			 The work area must be isolated from the water during construction. All
			 structures and materials used to isolate the work area must be removed
			 immediately following construction and water flow returned to pre-construction
			 conditions. All fish must be salvaged from the isolated area in accordance with
			 Oregon Department of Fish and Wildlife requirements.
(3) Proof of Mitigation Purchase. Before an
			 authorization is approved, the Department must have proof of purchase of
			 wetland mitigation bank credit, in-lieu fee credit purchase, or cash payment of
			 the correct in-lieu amount.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0155 - Minor Removal-Fill Impacts - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Non-Tidal Wetland Impacts. This General Permit (GP) authorizes
				removal-fill activity in certain non-tidal wetlands subject to the terms and
				conditions contained herein.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0160 - Minor Removal-Fill Impacts - Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Threshold. The
			 removal-fill activity in certain non-tidal wetlands must not exceed two-tenths
			 (0.20) of an acre for the entire project.
(2) No Impact to Tidal Wetlands. The project
			 must not involve impacts to tidal wetlands.
(3) No Impacts to Waterways. The project must
			 not involve impacts to any non-wetland waters.
(4) No Impacts to ESH or State Scenic
			 Waterways. The project must not involve impact to Essential Indigenous
			 Anadromous Salmonid Habitat or State Scenic Waterway-designated
			 areas.
(5) No Impacts to Aquatic
			 Resources of Special Concern. The project must not involve impacts to Aquatic
			 Resources of Special Concern. Aquatic Resources of Special Concern include
			 alkali wetlands and lakes, bogs, cold water habitat, fens, hot springs,
			 interdunal wetlands, kelp beds, mature forested wetlands, native eelgrass beds,
			 off-channel habitats (alcoves and side channels), ultramafic soil wetlands,
			 vernal pools, wet prairies, wooded tidal wetlands, and others, as determined by
			 the Department.
Statutory/Other Authority:
ORS
				  196.600  - 196.692 & 196.795 - 196.990
Statutes/Other Implemented:
ORS
				  196.600  - 196.692 & 196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0165 - Minor Removal-Fill Impacts - Compensatory Wetland Mitigation

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise approved by the Department, compensatory
				mitigation options are:
(1) Bank
			 credit purchase that meets the eligibility requirements for CM outlined in ORS
			 141-085-0690;
(2) In-lieu fee
			 credit purchase that meets the eligibility requirements for CM outlined in ORS
			 141-085-0690; and
(3) Payment to
			 the Department's payment in-lieu program
Statutory/Other Authority:
ORS
				  196.600  - 196.692 & 196.795 - 196.990
Statutes/Other Implemented:
ORS
				  196.600  - 196.692 & 196.795 - 196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 93 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF GENERAL PERMITS WITHIN WATERS OF THIS STATE › Section 141-093-0170 - Minor Removal-Fill Impacts - Authorized Activities

Current through Register Vol. 63, No. 7, July 1, 2024
This GP authorizes a person to conduct removal-fill activity in
				certain non-tidal wetlands in an amount equal to or less than two-tenths (0.20)
				of an acre per project.
Statutory/Other Authority: ORS 196.600 - 196.692 &
				  196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 &
				  196.795 - 196.990