Oregon Administrative Code

603-077-0195 Field Burning Classification of Violations Violations pertaining to field burning shall be classified as follows: (1) Class One: (a) Violation of any order of the Department listed under OAR 603-077-0175(4); (b) Systematic failure to keep records required by a permit…

603-080-0005 Land Use Coordination (1) This division is applicable to the approval of actions and projects described below under the following department programs. These are: (a) Approval of lease applications for plats for commercial cultivation of oysters on state lands in coas…

603-080-0015 Purpose These rules apply to the review of soils reports that propose to change the soil class, soil rating or other soil designations on a specific lot or parcel pursuant to ORS 215.710(5)(b). The department’s review decision does not itself authorize a dwelling or …

603-080-0020 Definitions (1) The following definitions apply to words used in OAR 603-080-0015 to 603-080-0050: (a) “County” means the county in which the lot or parcel at issue is located; (b) “Department” means the Oregon Department of Agriculture; (c) “Director” means the Dire…

603-080-0030 Acceptable Credentials (1) Until January 1, 1997, the following credentials of soil scientists conducting the soil surveys are the minimally acceptable qualifications under ORS 215.710(5)(b)(A): (a) A soil scientist who is certified as a soils classifier by the ARCPA…

603-080-0040 Acceptable Soils Reports The department shall consider the soils analyses in soils reports soundly and scientifically based if they meet the following: (1) General Information, shall include: (a) The title of the report; (b) Land owner for whom the report has been pr…

603-080-0050 Review Statement (1) Within 30 days of the receipt of the soils report from the applicant, the director or his designee shall determine the acceptability of the consultant’s credentials and whether the analysis in the report is soundly and scientifically based. (2) T…

603-080-0060 Notification of Application (1) The department shall maintain a list of persons requesting notification of applications. The department may prepare separate lists for specified geographic areas. (2) Once the department determines that an application is complete, the …

603-082-0010 Purpose The purpose of this division is: (1) To establish procedures, standards and requirements to be used by the department to determine if a new plat application that proposes to lease and use state lands located in coastal estuaries for the commercial cultivation…

603-082-0020 Definitions For purposes of OAR 603-082-0010 through 603-082-0100, the definitions in ORS 183.310 and 622.210 apply. In addition: (1) "Claimant" means a person or agency that claims control of a plat granted by the department under ORS 622.210 to 622.992. (2) "Cultiv…

603-082-0030 Application Requirements (1) Applicants for new oyster, clam or mussel plats shall complete and submit an application form prescribed and provided by the department including the following supplemental information: (a) A legal description of the area applied describi…

603-082-0040 Plat Application Review Upon receipt of an application for an oyster, clam or mussel lease, an applicant shall be eligible for an authorization of a plat if the director determines that: (1) The application is complete pursuant to OAR 603-082-0030. If an application …

603-082-0050 Classifying Lands Suitable for Cultivation (1) In determining if an area is suitable for cultivation of oysters, clams or mussels, the department shall consider the following: (a) Consistency with local land use regulations, plans and zoning requirements and with the…

603-082-0060 Action by the Director (1) The director may issue a proposed order approving, approving with conditions or denying a plat application. The director may grant or deny an application no later than the 90th day from after the date of publication of the notice referred t…

603-082-0070 Transfer of Plats (1) Sales, leases, assignments, conveyances, relinquishments and other transfers of oyster plantations and claims, or parts thereof, or of plats for the cultivation of oysters, clams or mussels may be made by reference to the plat filed as provided …

603-082-0080 Annual Fees and Taxes (1) Persons using state lands for cultivating oysters, clams or mussels shall pay annual cultivation fees and use taxes quarterly to the department. Fees and taxes become delinquent 30 days after the end of the quarter. Use taxes shall be in the…

603-082-0090 Withdrawal of Unproductive and Abandoned Lands (1) The rules of procedure in OAR 603-082-0090 are in addition to the procedural requirements of the Attorney General's Model Rules of Procedure, codified at OAR 137-003-0501 to 137-003-0692. In the case of conflict, thi…

603-082-0100 Scheduling, Notice and Conduct of Hearings (1) The department shall provide notice of the hearing containing at least the following information: If the claimant or the claimant's representative fails to appear at the time and place specified for the hearing, the depa…

603-090-0000 Preamble (1) ORS 568.900 to 568.933 authorizes the Oregon Department of Agriculture to develop and carry out an agricultural water quality management area plan for agricultural and rural lands where a water quality management plan is required by state or federal law.…

603-090-0010 Definitions Unless other required by the context, as used in this Division: (1) "Agency of this state" has the meaning given in ORS 568.210(1). (2) "Area Plan" or "Agricultural Water Quality Management Area Plan" means a plan for the prevention and control of water p…

603-090-0020 Local Water Quality Management Area Advisory Committee (1) The department shall establish a local water quality management area advisory committee for each water quality management area established under these rules. The local water quality management area advisory c…

603-090-0030 Requirements of Agricultural Water Quality Management Area Plan and Rules (1) Agricultural water quality management area plans must describe a program to achieve the water quality goals and standards necessary to protect designated beneficial uses related to water qu…

603-090-0040 Specific Action Requirements — Appeals (1) Pursuant to ORS 568.912, a landowner subject to agricultural water quality management area rules may be required to undertake certain specific actions. The required specific actions may but need not be incorporated into an i…

603-090-0050 Request for Alternate Measures — Filing, Content, and Approval (1) A request for alternate measures shall be made in writing and filed with the director. The request may be filed at anytime. (2) A request shall include a detailed description of proposed alternate mea…

603-090-0060 Definitions Unless otherwise required by the context, as used in this Division: (1) “Compliance” means meeting the requirements of ORS 568.900 to 568.933 or any of the department’s rules or orders pursuant thereto. (2) “Flagrant Violation” means any violation where t…

603-090-0070 Consolidation of Enforcement Proceedings Notwithstanding that each and every violation is a separate and distinct offense, and in cases of continuing violations, that each day’s continuance is a separate and distinct violation unless otherwise determined by the depar…

603-090-0080 Enforcement Actions (1) A Notice of Noncompliance: (a) Shall inform the landowner of the violation, including a reference to a particular statute, administrative rule(s) or order involved, the location of the violation when appropriate, and the consequences of the vi…

603-090-0090 Hearing Procedures All formal hearings requested by the respondent concerning a request for alternate measures, Notice of Noncompliance, Plan of Correction, or Civil Penalty assessment shall be conducted in accordance with applicable contested case procedures as outl…

603-090-0100 Entry of Order, Appeal Rights, and Payment of Civil Penalties (1) If a person having received a notice of civil penalty assessment fails to request a hearing as specified in OAR 603-090-0090, or if after the hearing the person is found to be in violation of the provi…

603-090-0110 Civil Penalty Assessment (1) In addition to any other penalty provided by law, the department may assess a civil penalty against a landowner for failing to comply with the requirements of agricultural water quality management area rules adopted under ORS 568.900 to 5…

603-090-0120 Civil Penalty Determination Procedure In determining the amount of a civil penalty to be assessed for any violation of the requirements of agricultural water quality management area rules adopted under ORS 568.900 to 568.933, the department shall apply the following …

603-095-0010 Definitions Unless otherwise required by the context, as used in this Division: (1) “Active Channel Erosion” means gullies or channels which at the largest dimension have a cross sectional area of at least one square foot and which occur at the same location for two …

603-095-0020 General Purpose – Agricultural Water Quality Management Plans (1) These rules have been developed to effectuate the implementation of water quality management area plans pursuant to authorities vested in the department through ORS 568.900–568.933. (2) The purpose of …

603-095-0030 General Policies It is the policy of the department that: (1) Cooperation between private and public entities be encouraged during implementation of agricultural water quality management area plans for the prevention and control of water pollution from agricultural a…

603-095-0040 Appeals Any appeals of specific actions required of a landowner or operator by the department under division 095 rules shall be pursued according to the provisions of the appeals process in OAR 603-090-0040. Statutory/Other Authority: ORS 568.912 Statutes/Other Imple…

603-095-0100 Purpose - Tualatin River Watershed (1) These rules have been developed to help implement a water quality management area plan for the Tualatin River Watershed Agricultural Water Quality Management Area pursuant to authorities vested in the Oregon Department of Agricu…

603-095-0120 Geographic and Programmatic Scope (1) The Tualatin River Watershed Agricultural Water Quality Management Area includes the drainage area of the Tualatin River upstream from the confluence with the Willamette River near West Linn. The physical boundaries of the Tualat…

603-095-0140 Required Prevention and Control Measures All landowners or operators conducting activities on lands described in OAR 603-095-0120(2) and (3) must comply with the following rules: A landowner or operator is responsible for only those conditions caused by activities co…

603-095-0180 Complaints and Investigations (1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, notification by another agency, or other means, the department may conduct an investigation. The…

603-095-0300 Purpose - Umatilla (1) These rules have been developed to implement a water quality management area plan for the Umatilla Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933 and 561.190–561.191. The …

603-095-0320 Geographic and Programmatic Scope (1) The Umatilla Agricultural Water Quality Management Area includes all land that drains into the Umatilla River and all land in Oregon that drains directly to the Columbia River between the Umatilla River and the Walla Walla River.…

603-095-0340 Required Prevention and Control Measures (1) All landowners or operators conducting activities on lands in agricultural use must be in compliance with the following rules; OAR 603-095-0340(2) to (8). A landowner is responsible for only those conditions caused by acti…

603-095-0380 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…

603-095-0400 Purpose – Upper Grande Ronde River Subbasin (1) These rules have been developed to effectuate the implementation of a water quality management area plan for the Upper Grande Ronde River subbasin pursuant to authorities vested in the department through ORS 568.900–568…

603-095-0420 Geographic and Programmatic Scope (1) The Upper Grande Ronde River subbasin includes the drainage area of the Grande Ronde River from the headwaters to its confluence with the Wallowa River. The physical boundaries of the Upper Grande Ronde River subbasin are indicat…

603-095-0440 Required Prevention and Control Measures All landowners or operators conducting activities on lands in agricultural use shall be in compliance with the following criteria. A land occupier shall be responsible for only those prohibited conditions caused by activities …

603-095-0460 Complaints and Investigations (1) When the department receives notice of an apparent occurrence of agricultural pollution through a written complaint, its own observation, notification by another agency, or by other means, the department may conduct an investigation.…

603-095-0500 Purpose – Yamhill River Subbasin (1) These rules have been developed to effectuate the implementation of a water quality management area plan for the Yamhill River Subbasin pursuant to authorities vested in the Department through ORS 568.900–568.933. The area plan is…

603-095-0520 Geographic and Programmatic Scope (1) The Yamhill River Subbasin includes the drainage area of the Yamhill River upstream from the confluence with the Willamette River near Dayton. The Chehalem Creek drainage basin and a few other small creeks in Yamhill County which…

603-095-0540 Required Prevention and Control Measures All landowners or occupiers conducting activities on lands in agricultural use shall be in compliance with the following criteria. A landowner or occupier shall be responsible for only those violations of the following prevent…