Chapter 603-095

603-095-3800 Purpose – Klamath Headwaters (1) These rules have been developed to implement a water quality management area plan for the Klamath Headwaters Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933 and 5…

603-095-3820 Geographic and Programmatic Scope (1) The Klamath Headwaters Agricultural Water Quality Management Area is comprised of the Upper Klamath Lake drainages, the west Klamath River drainages including the headwaters of Spencer Creek in Klamath County and Jenny, Cottonwoo…

603-095-3840 Required Prevention and Control Measures (1) All landowners or operators conducting activities on lands in agricultural use will comply with the criteria listed below. A landowner is only responsible for those conditions resulting from activities caused by the landow…

603-095-3860 Complaints and Investigations (1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, or through notification by another agency, the department may conduct an investigation. The depa…

603-095-3900 Purpose – Lost River Subbasin (1) These rules have been developed to implement a water quality management area plan for the Lost River Subbasin Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933 and…

603-095-3920 Geographic and Programmatic Scope (1) The Lost River Subbasin Agricultural Water Quality Management Area is comprised of the Oregon portion of the Lost River subbasin, as defined by the US Geological Survey. The physical boundaries of the Management Area are indicate…

603-095-3940 Required Prevention and Control Measures (1)(a) A landowner is responsible for only those conditions resulting from activities controlled by the landowner. A landowner is not responsible for conditions resulting from activities by landowners on other lands. A landown…

603-095-3960 Complaints and Investigations (1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investi…

603-095-4000 Purpose and Applicability – Agricultural Drainage Channel Maintenance The purpose of these rules is to simplify the process by which agricultural landowners may maintain channels used for agricultural drainage while ensuring that any maintenance is conducted in a man…

603-095-4005 Definitions As used in these rules unless the context requires otherwise: (1) “Channel” means the defined bed and bank that serve to confine where a stream of water runs. (2) “Converted wetland” means agriculturally managed wetlands that, on or before June 30, 1989, …

603-095-4010 Agricultural Drainage Maintenance Regions (1) The Oregon Department of Agriculture will implement these rules in four phased regions: (a) Region One includes the following Oregon Counties: Clatsop, Columbia, Tillamook, Washington, Multnomah, Yamhill, Clackamas, Linco…

603-095-4015 Notification to the Oregon Department of Agriculture – Maintenance Without a Permit; Types of Maintenance Activities (1) Notification to the Oregon Department of Agriculture shall be given for the maintenance activities of existing traditionally maintained channels t…

603-095-4020 Notification to Oregon Department of Agriculture – Districts and Persons (1) Notwithstanding the permit requirements of ORS 196.810, a person may engage in removal-fill activities, or both, for conducting maintenance of a traditionally maintained channel without a pe…

603-095-4025 Review of Notification; Consultation with the Oregon Department of Fish and Wildlife; Final Determination by the Oregon Department of State Lands (1) No later than five days after receiving a complete notification, the Oregon Department of Agriculture shall provide a…

603-095-4030 Mandatory Notice Conditions A valid notice shall include the following mandatory conditions under which traditionally maintained channel maintenance activities must occur. A valid notice may also include recommended conditions as provided in OAR 603-095-4025(2) which…

603-095-4035 Certifications of Compliance with Other Applicable Laws (1) No person may conduct channel maintenance activities in a manner that violates applicable laws related to fish passage or water quality. (2) In order to maintain a simple regulatory approach for the maintena…

603-095-4040 Prohibitions (1) No person may commence any removal-fill activities for the maintenance of a traditionally maintained channel unless a valid notice is posted on the Oregon Department of Agriculture website, the Department has not responded within 45 days of receiving…

603-095-4045 Variances (1) Prior to initiation of maintenance activities, a person with a notice on file with the Oregon Department of Agriculture may request a variance from any mandatory condition in the valid notice. Commencement of channel maintenance activities may not occur…

603-095-4050 Entry Upon Land (1) Subject to paragraph (2) of this subsection, the Oregon Department of Agriculture or the Oregon Department of Fish and Wildlife may enter onto and inspect lands for which notices have been filed under ORS 196.900 – 196.919 and these rules in order…

603-095-4055 Compliance and Enforcement Procedures (1) Upon finding that a person has engaged in removal-fill activities for the maintenance of a traditionally maintained channel without a permit required under ORS 196.810 and in violation of ORS 196.911, 196.913, or 196.915, and…

603-095-4060 Expedited Review (1) Upon a request from the person submitting a notice under ORS 196.911 and these rules, the Oregon Department of Agriculture and the Oregon Department of Fish and Wildlife may provide for expedited review under ORS 196.915(4) and these rules, if th…

603-095-5000 Purpose and Authority (1) In 1990, the Oregon Department of Environmental Quality designated approximately 550 square miles in northern Morrow and northeastern Umatilla counties as a groundwater management area because levels of nitrate in groundwater exceed federal …

603-095-5005 Geographic and Programmatic Scope (1) The operational boundary for the agricultural land subject to these area rules is in Appendix A and includes all agricultural land within the LUBGWMA that is not otherwise subject to a National Pollution Discharge Elimination Sys…

603-095-5010 Definitions For the purposes of these area rules unless the context requires otherwise. (1) “Agricultural activities” means engaging in any generally accepted, reasonable and prudent method of raising or producing livestock or livestock products or growing or harvest…

603-095-5015 Prohibited Acts (1) Fertilizer may not be applied to agricultural land within the LUBGWMA in a manner that causes pollution of the groundwater of the state or in a manner that places wastes in a location where such wastes are likely to escape or be carried into the g…

603-095-5020 Land Application Rates and Restrictions (1) A landowner growing agricultural crops or commodities on agricultural land within the LUBGWMA shall employ nitrogen management measures when applying fertilizer. (2) Prior to the first application of fertilizer each calenda…

603-095-5025 Irrigation Water Management (1) A landowner within the LUBGWMA shall manage irrigated agricultural land to minimize the downward movement of nitrate in the soil by managing irrigation water so that the amount of water applied from the combination of precipitation and…

603-095-5030 Animal Pasturing (1) A landowner grazing livestock on pasture within the LUBGWMA shall: (a) Rotate livestock and limit livestock numbers to prevent bare ground and shall promote and maintain adequate vegetative cover. (b) Shall match livestock requirements with the a…

603-095-5035 Control Measures for Irrigated Agriculture on Large Acreages (1) The provisions of OAR 603-095-5035 – 5065 govern agricultural activities on agricultural land where the total land acreage under the ownership or control of a landowner is equal to or greater than 500 a…

603-095-5040 Annual Nitrogen Plan (1) Each calendar year, prior to the first application of fertilizer, a landowner subject to this rule shall prepare an annual nitrogen plan that demonstrates that fertilizer will be applied only at the agronomic application rate necessary to sup…

603-095-5045 Annual Nitrogen Plan Contents An annual nitrogen plan shall include each of the following elements. (1) Landowner Name. Record the name of the landowner and the name of the operator if operator is not the owner of the land. If a certifier prepares the form, then the …

603-095-5050 Post-Harvest Summary Records (1) Each calendar year, following implementation of an annual nitrogen plan, a landowner subject to this rule shall prepare a post-harvest summary record on a worksheet provided by the department or according to a format otherwise used by…

603-095-5055 Annual Nitrogen Plan Evaluation (1) A landowner subject to this rule has met or followed an annual nitrogen plan if, for each field, application of fertilizer at an agronomic application rate has resulted in achieving a crop’s estimated yield, post-harvest soil nitra…

603-095-5060 Certification of Annual Nitrogen Plans Annual nitrogen plans shall be certified in one of the following ways: (1) Certified by an irrigation and nitrogen management plan specialist. (a) Specialists may include Certified Professional Soil Scientists by the Soil Scienc…

603-095-5065 Soil Sampling Protocol (1) Pre-planting soil samples or soil samples taken prior to mid- or late-season fertilizer application shall be collected at the depth of the crop root zone according to the applicable protocol in Oregon State University Extension Service Publ…

603-095-5070 Large Irrigated Acreages Program Evaluation (1) The department shall conduct an evaluation of agricultural operations with large irrigated acreages as described in OAR 603-095-5035(1) to determine whether and to what extent the nitrogen management measures and annual…

603-095-5075 Specific Action Requirements (1) A landowner conducting agricultural activities on agricultural land may be required to undertake additional, site-specific practices designed to prevent waste from entering the groundwater of the state if after inspection of an agricu…

603-095-5080 Complaints and Investigations (1) When the department receives notice of an alleged occurrence of pollution resulting from agricultural activities on agricultural land within the LUBGWMA through a written complaint, its own observation, through notification by anothe…