Oregon Administrative Code

141-083-0800 Purpose and Applicability These rules: (1) Govern the granting and renewal of easements for fiber optic and other cables on state-owned submerged and submersible land within the Territorial Sea. (2) Establish a process for authorizing easements for such cables. (3) S…

141-083-0810 Policies (1) The placement of fiber optic and other cables on state-owned land within the Territorial Sea is recognized by the Division as a conditionally allowable use of that land, subject to and consistent with the requirements and provisions of applicable interna…

141-083-0820 Definitions (1) “Cable” means a conductor of electricity or light with insulation or a combination of conductors insulated from one another. (2) “Cable Easement” is an authorization issued by the Division designating the route where a cable is to be laid on state-own…

141-083-0830 Cable Easement Application Requirements (1) Any person wanting to place a cable in the Territorial Sea shall obtain an easement from the Division, and approval by the Land Board. (2) Unless otherwise allowed by the Director, a fully completed application for an easem…

141-083-0840 Pre-Application and Application Review Process (1) Prior to submitting an application to the Division, the person wanting to place a cable on state-owned submerged and submersible land within the Territorial Sea shall meet with Division staff to discuss the proposed …

141-083-0850 Cable Easement Terms and Conditions (1) All cable easements issued under these rules shall require approval by the State Land Board. (2) Easement applicants may be required to obtain a surety bond to ensure that they will perform in accordance with all terms and cond…

141-083-0860 Penalties In addition to any other penalties provided or permitted by law, the placement of any cable or related structure on state-owned land without an easement or otherwise not in compliance with these rules shall constitute a trespass, and be prosecuted pursuant …

141-083-0870 Reconsideration of Decision (1) An easement applicant or any other person adversely affected by the issuance or denial of a fiber optic cable or other cable easement on state-owned submerged and submersible land within the Territorial Sea may request that the Land Bo…

141-085-0500 General Where headings, special fonts or double-spacing are used, they are for the convenience of the user only and have no substantive effect. Statutory/Other Authority: ORS 196.825 & 196.600 – 196.692 Statutes/Other Implemented: ORS 196.600-196.692 & 196.800-196.99…

141-085-0506 Policy (1) General Policy on Removal-Fill. No authorization to place fill or remove material from the waters of this state may: (a) Interfere with the paramount policy of this state to preserve the use of its waters for navigation, fishing and public recreation uses;…

141-085-0510 Definitions The following definitions are used in addition to those in ORS 196.600 to 196.990. (1) “Applicant” means a landowner, a person authorized by a landowner to conduct a removal or fill activity, or a person that proposes a removal or fill activity for constr…

141-085-0515 Removal-Fill Jurisdiction by Type of Water This section describes the types and jurisdictional limits of the waters of this state that are regulated by the Department of State Lands. (1) Pacific Ocean. The Pacific Ocean is jurisdictional from the line of extreme low …

141-085-0520 Removal-Fill Jurisdiction by Volume of Material The following criteria are used to determine jurisdictional volume thresholds that trigger the requirement for an authorization. (1) Oregon State Scenic Waterways (SSWs). The threshold volume is any amount greater than …

141-085-0525 Measuring and Calculating Volume of Removal and Fill (1) Calculating Removal Volume. Removal volume for all waters includes the full extent of the excavation or movement within the jurisdictional areas. (2) Calculating Fill Volume. For waters other than wetlands, fil…

141-085-0530 Exemptions for Certain Activities and Structures These exemptions apply in all waters of this state except State Scenic Waterways. (1) State Forest Management Practices. Non-federal forest management practices subject to Oregon’s Forest Practices Act conducted in any…

141-085-0534 Exemptions for Certain Voluntary Habitat Restoration Activities (1) Definitions. For the purposes of this rule: (a) “Habitat Restoration” means the return of an ecosystem from a disturbed or altered condition to a close approximation of its ecological condition prior…

141-085-0535 Exemptions Specific to Agricultural Activities These exemptions apply in all waters of this state except State Scenic Waterways. (1) Exemptions Do Not Apply to Nonfarm Uses. The exemptions under OAR 141-085-0535(2) and (3) do not apply to any fill or removal that inv…

141-085-0540 Types of Authorizations One of the following types of authorizations is required for regulated activities in waters of this state. (1) Individual Permits. IPs are issued for projects that do not qualify for other types of authorizations. (2) General Authorizations. G…

141-085-0545 Fees for Removal-Fill Applications (1) Fees. The non-refundable fees for each application shall be a base application fee and a tier fee if applicable. Some applications may also require an annual fee, a variance fee, a modification fee, or a transfer fee. The fees a…

141-085-0550 Application Requirements for Individual Permits (1) Written Application Required. A person who is required to have an individual permit to remove material from the bed or banks, or fill any waters of this state, must file a written application with the Department for…

141-085-0555 Individual Removal-Fill Permit Application Review Process (1) Completeness Review. Within 30 calendar days of the receipt of an application, the Department will review the application to determine if it is complete and adequately addresses the application requirement…

141-085-0560 Public Review Process for Individual Removal - Fill Permit Applications (1) Circulation of the Application for Public Review. Once the application has been deemed complete and sufficient, the Department will provide notification of the availability of the application…

141-085-0565 Department Determinations and Considerations in Evaluating Individual Permit Applications (1) Departmental Final Review. The Department will evaluate the information provided in the application, conduct its own investigation, and consider the comments submitted durin…

141-085-0575 Permit Appeals (1) Applicant Appeal Within 21 Calendar Days. An applicant may request a contested case proceeding if they object to an application incompleteness determination, permit decision, or permit condition imposed by the Department. The request must be in wri…

141-085-0580 Discovery in Contested Cases In contested cases conducted on matters relating to these rules, the Department delegates to the hearing officer the authority to rule on any issues relating to discovery, except that depositions will only be awarded if it is likely that …

141-085-0585 Permit Conditions, Permit Expiration Dates and Permit Transfer (1) Applicable Permit Conditions. If the Department approves the permit, it will impose applicable conditions to eliminate or reduce the reasonably expected adverse impacts of project development to water…

141-085-0590 Renewal and Extension of Individual Removal-Fill Permits (1) Renewal of Individual Permits. Individual permits may be renewed if the permit holder anticipates that the project within waters of this state will not be completed by the permit expiration date. (2) Renewa…

141-085-0595 Permit Requirements and Interagency Coordination for Department of Environmental Quality Approved Remedial Action, Corrections Facilities, Solid Waste Land Fills and Energy Facilities (1) DEQ Remedial Action Waiver. Pursuant to ORS 465.315, no removal-fill authorizat…

141-085-0665 Expedited Process for Industrial or Traded Sector Sites (1) Department Assistance with Industrial Siting. The Department will participate in planning and authorizing removal-fill within waters of this state for certain industrial or traded sector sites identified by …

141-085-0676 Emergency Authorizations (1) Eligibility and Applicability. The Department may issue, orally or in writing, an emergency authorization to a person for the removal of material from the beds or banks or filling of any waters of this state in an emergency, for the purpo…

141-085-0680 Compensatory Mitigation (CM); Applicability and Principal Objectives (1) Applicability. OAR 141-085-0680 through 141-085-0755 applies to removal-fill that occurs within waters of this state and applies to all forms of compensatory mitigation (i.e., mitigation bank, i…

141-085-0685 Functions and Values Assessment (1) Purpose. The purpose of the functions and values assessment is to document those functions and values anticipated to be lost as a result of the project and help ensure that the proposed CM will replace those functions and values. U…

141-085-0690 Eligibility Requirements for CM (1) CM at an off-site location will be located within the 4th field Hydrologic Unit Code (HUC) in which the removal-fill site is located, or within a service area of a bank or in-lieu fee covering the removal-fill site. (2) Impacts to …

141-085-0692 Mitigation Accounting (1) The purpose of mitigation accounting is to: (a) Ensure that the total area of the state’s wetland and tidal waters resource base is maintained; (b) Replace functions and values, including those that may be size dependent; (c) Account for tem…

141-085-0694 Special Requirement for CM (1) Special Requirements for Enhancement as CM. CM enhancement must conform to the following additional requirements. Enhancement must: (a) Be conducted only on degraded waters of this state; (b) Result in a demonstrable net gain in functio…

141-085-0695 Administrative Protection of CM Sites (1) Administrative Protection Instruments. All CWM sites must be protected from adverse impacts in perpetuity with appropriate protection instruments. Administrative protection for CNWM sites may be required. (2) Protection Instr…

141-085-0700 Financial Security for CM Sites (1) Purpose. Financial security instruments are required for CM sites as a guarantee that the CM will be constructed, monitored and maintained in accordance with removal-fill authorization requirements. (2) Exceptions. Financial securi…

141-085-0705 Requirements for CM Plans (1) CM Plan Content. CM Plan detail must be commensurate with the size and complexity of the proposed mitigation. A CM Plan is not required for proposed CM by means of using credits from an approved bank, advance mitigation site, in-lieu fee…

141-085-0710 Monitoring Requirements for CWM (1) Purpose. The purpose of the CM monitoring requirement is to provide information for the Department to: (a) Determine whether the CM complies with the conditions of the authorization and whether the CM has achieved its stated goals,…

141-085-0715 Mitigation for Temporary Impacts Applicants for projects that involve temporary impacts to waters of this state must provide a rehabilitation plan for rectification of temporary impacts. Rectification must include re-establishment of pre-existing contours and pre-exi…

141-085-0720 Mitigation Banking Purpose, Applicability and Policies (1) Purpose and Applicability. These rules describe the requirements to establish and operate mitigation banks, which can be used to compensate for impacts to waters of this state. These rules pertain to mitigati…

141-085-0725 Process for Establishing Mitigation Banks (1) Pre-prospectus Meeting with the Department. To initiate a mitigation bank, a prospective bank sponsor must request a meeting with the Department for initial review of the mitigation concept, site suitability, and content …

141-085-0730 Establishment of Mitigation Credits (1) Credit Options. Credits can be established by using: (a) The minimum mitigation requirements as stated in OAR 141-085-0692 with adjustments, as appropriate; or (b) By applying a function based credit accounting method approved …

141-085-0735 Release, Use and Sale of Mitigation Credits (1) Initial Release of Credits Must Be Specified in the MBI. The maximum number of credits that may be released for sale in advance of achieving performance standards will be clearly specified in the MBI. In no case may thi…

141-085-0740 Authorization for Mitigation Banks (1) Authorization Requirement. Bank sponsors must obtain a removal-fill permit for any removal-fill necessary to create a proposed bank in jurisdictional areas. At the discretion of the Department, the MBI may serve as the applicati…

141-085-0745 In-Lieu Fee Mitigation The Department may approve the use of in-lieu fee mitigation as a category of the mitigation banking program (OAR 141-085-0720 through 141-085-0740). (1) Applicability. In-lieu fee mitigation involves the payment of funds to an approved sponsor…

141-085-0750 Payments to and Expenditures from the Oregon Removal-Fill Mitigation Fund The Department will use the Oregon Removal-Fill Mitigation Fund to hold and disperse money collected from the Payment In-Lieu (PIL) and In-Lieu Fee (ILF) Mitigation programs sponsored by the De…

141-085-0755 Advance Mitigation (1) Set-Aside Excess Credits. As part of the existing, active individual removal-fill permit application process, an applicant may request that the Department consider that the proposed permittee-responsible CM (as documented in a CM Plan prepared …

141-085-0768 Advance Aquatic Resource Plans (1) Purpose. The purpose of an Advance Aquatic Resource Plan is to create a flexible framework for persons to voluntarily plan for anticipated future water resource; development conflicts within a defined planning area; identify and cha…

141-085-0770 Complaints and Investigations (1) Violations. A violation is: (a) Removal-fill without a valid authorization; (b) Non-compliance with any condition of an authorization; (c) Obtaining an authorization or reporting on conditions of an authorization by misrepresentation…