Oregon Administrative Code

141-085-0775 Enforcement Actions and Procedures; Appeals (1) Enforcement Powers. The Department is authorized to take or recommend such civil, criminal or administrative actions as are necessary to enforce the Removal-Fill Law and these rules. (2) Administrative Remedies. The Dep…

141-085-0780 Revoking or Suspending an Authorization; Allowing Corrective Action (1) Revocation or Suspension if Out of Compliance. The Department may revoke or suspend an authorization if an alleged violator is not in compliance with any conditions of an authorization, or if the…

141-085-0785 Civil Penalties; Appeals (1) Civil Penalties May Be Assessed. In addition to any other remedy allowed by law or these rules, the Department may assess a civil penalty for any violation of the Removal-Fill Law, these rules, an authorization or an order issued pursuant…

141-086-0005 Definitions For purposes of these rules, the definitions contained in ORS 196.800 apply. In addition, the following definitions apply: (1) “Buffer Area” means a non-wetland area adjacent to wetlands or waters of the state that screens, shelters, protects or enhances …

141-086-0010 Request for Approval (1) When a local government has developed a proposed wetland conservation plan pursuant to ORS 196.678, it may request the Director to review and approve the plan. Approval requests shall be sent to the Director of the Division of State Lands. (2…

141-086-0012 Proposed Order When the Director receives an approval request for a proposed wetland conservation plan as defined by ORS 196.687, the Director shall conduct an evaluation of the submitted plan and determine if the plan complies with the requirements of ORS 196.681 to…

141-086-0015 Notice of Opportunity for Comment (1) The Division shall, in writing, provide notice of the opportunity for public comment on the proposed order, as required by ORS 196.681(1)(c). Such notice shall include the following: (a) A map showing the area affected; (b) A des…

141-086-0020 Comments (1) After notice has been provided pursuant to OAR 141-086-0015, there shall be a 30-day period for all interested persons to submit written comments to the Division or to request a public informational hearing. Such request for a hearing must be in writing …

141-086-0021 Notice of Hearing (1) At the Director's discretion, a public informational hearing may be held before issuing a final order on the approval request. (2) If the Director decides to hold a public informational hearing, written notice of such hearing shall be given, as …

141-086-0022 Hearing (1) If a public informational hearing is held, the hearings officer shall state the purpose of the hearing prior to submission of comments by members of the general public. The hearings officer shall take appropriate procedural steps to accomplish the purpose…

141-086-0025 Final Agency Decision (1) Before making a final decision on the approval request, the Director shall review the entire proposed plan, as well as comments submitted in accordance with OAR 141-086-0020 and presented at hearing pursuant to 141-086-0021. In reviewing the…

141-086-0030 Review of Wetland Conservation Plans As described in ORS 196.684(9), an order by the Director regarding approval, amendment or review of a wetland conservation plan shall be reviewable by the Land Use Board of Appeals as a land use decision of a state agency. Statuto…

141-086-0035 Annual Report If a wetland conservation plan is approved by the Division, the local government enacting the plan shall annually prepare a written report which addresses the current status of the plan. Such annual report shall be sent to the Director of the Division o…

141-086-0040 Amending a Wetland Conservation Plan (1) When a local government has developed proposed amendments to a land use plan or ordinance, and such amendments will affect lands subject to a wetland conservation plan, the local government shall notify the Division pursuant t…

141-086-0045 Notice of Opportunity for Comment on Amendments The Division shall, in writing, provide notice of the opportunity for public comment on proposed amendments to a wetland conservation plan, as required by ORS 196.684(3). Such notice shall be as described in OAR 141-086…

141-086-0050 Hearing on Amendments At the Director’s discretion, a public informational hearing may be held before taking final action on proposed amendments to a wetland conservation plan. Notice of such hearing, required by ORS 196.684(3), shall be given as described in OAR 141…

141-086-0055 Final Agency Decisions on Amendments (1) The Director shall evaluate proposed amendments to a land use plan and issue an order in the manner described in OAR 141-086-0025. (2) In issuing an order, the Director shall also follow the procedure described in ORS 196.684(…

141-086-0060 Periodic Agency Review of Wetland Conservation Plans (1) The Division shall review each approved wetland conservation plan every five years, as required by ORS 196.684(6). (2) The Director shall, in writing, provide notice of the opportunity for public comment on the…

141-086-0100 Duty to Notify of Proposed Activities Within Wetlands (1) The city or county shall notify the Division of applications proposed within wetlands, as required by ORS 215.418 and 227.350, by delivering a completed "Wetland Land Use Notification Form" for each proposed a…

141-086-0180 Purpose Pursuant to ORS 196.674 pertaining to the Statewide Wetlands Inventory (SWI), these rules establish a system for uniform wetland identification and comprehensive mapping. These rules also establish wetlands inventory standards for cities or counties developin…

141-086-0185 Applicability (1) Once approved by the Department of State Lands (Department), the LWI must be used in place of the National Wetlands Inventory (NWI) and is incorporated into the SWI. (2) The approved LWI must be used by cities and counties in lieu of the NWI for not…

141-086-0200 Definitions (1) "Cowardin class or subclass" means the wetland classification according to the U.S. Fish and Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United States, Cowardin et al., 1979. (2) "Director" means the Director of the Ore…

141-086-0210 Inventory Development Process and Standards (1) Wetland determinations conducted for the purpose of developing the LWI must be conducted according to the criteria, methodologies and guidance currently accepted by the Department (OAR 141-090 et seq.). (2) Sources of i…

141-086-0220 LWI Reports (1) A report that meets the requirements in OAR 141-086-0220 (2) and (3) must be developed and submitted to the Department for approval. A minimum of two sets of the final Department-approved LWI report in both paper and electronic format (.pdf file forma…

141-086-0222 Paper Map Standards (1) Maps that meet the requirements in OAR 141-086-0222(2) through (5) must be developed and submitted to the Department for approval. A minimum of two sets of the final Department-approved LWI maps in both paper and electronic format (.pdf file) …

141-086-0225 Digital Data Standards (1) A minimum of two sets of the final Department-approved LWI geospatial datasets must be prepared; one set must be provided to the Department for inclusion in the SWI and the other must be provided to the local government. (2) A georeferenced…

141-086-0228 Review and Approval Process (1) A draft of all the LWI products required in OAR 141-086-0210 through -0225 of these rules must be provided to the Department (if the inventory was not developed by the Department) and the local government(s) for review. (2) The local g…

141-086-0230 Revisions (1) A city or county may elect to or may be required by the Department of Land Conservation and Development (DLCD) to revise their LWI. An LWI revision consists of either expanding the study area of an existing LWI or incorporating new wetland location and …

141-086-0240 Landowner Notification (1) When the LWI is approved by the Department, the local jurisdiction must notify by mail within one hundred twenty (120) calendar days all landowners of record whose parcel contains or abuts a mapped wetland or probable wetland. (2) The local…

141-086-0300 Purpose ORS 197.279(3) directs the Division of State Lands to establish these criteria and procedures for the identification of significant wetlands under Statewide Planning Goal 5. Local governments will use these technical standards to complete their planning respo…

141-086-0310 Policy To protect the state’s wetland resources, the functions and services they provide, and all interests, it is important that clear and consistent criteria be used to identify significant wetlands for planning purposes. Statutory/Other Authority: ORS 273.360 Stat…

141-086-0320 Uses and Applicability (1) These rules provide standard criteria for local governments to use to meet their obligations for freshwater wetland planning as set forth by the Land Conservation and Development Commission (LCDC) in Goal 5. These rules do not address plann…

141-086-0330 Definitions (1) “Director” means the Director of the Division of State Lands or the Director’s designee. (2) “Division” means the Division of State Lands. (3) “Indigenous Anadromous Salmonids” are chum, sockeye, Chinook and Coho salmon, and steelhead and cutthroat tr…

141-086-0340 Procedures for Identifying Locally Significant Wetlands (1) LSW criteria are applied by the local government. (2) The following base information is required prior to applying the LSW criteria: (a) An approved Local Wetlands Inventory (OAR 141-086-0110 through 141-086…

141-086-0350 Locally Significant Wetland Criteria (1) Exclusions. Regardless of their standing in relation to the criteria in OAR 141-086-0350(2) or (3) of these rules, wetlands shall not be designated as locally significant if they fall within any one of the following categories…

141-086-0360 Purpose Pursuant to ORS 197.279, 196.672 and 196.674, these rules establish procedures and criteria for identifying wetlands of statewide significance, called “outstanding state wetlands.” These rules complement the rules for identifying locally significant wetlands …

141-086-0370 Definitions (1) “Classification” means the designation of wetlands into hydrogeomorphic classes and subclasses. For example, “riverine” would be one class of wetlands. (2) “Director” means the Director of the Division of State Lands or the Director’s designee. (3) “D…

141-086-0380 Applicability (1) These rules set forth the criteria and procedures by which the Division will identify outstanding state wetlands and provide the information to local governments. Due to the state’s interest in OSWs and the expertise required for their identificatio…

141-086-0390 Criteria and Procedures (1) A wetland shall be identified as an OSW if it is judged by the Division to be a reference standard wetland as defined in sections 141-086-0370(7). (2) The Division may convene one or more technical panel(s) of wetland scientists with exper…

141-087-0001 Purpose The purpose of these rules is to provide a uniform procedure for obtaining hydroelectric power leases and easements on lands managed by the State Land Board. Statutory/Other Authority: ORS 273 & 274 History: LB 2-1986, f. & ef. 2-19-86

141-087-0005 Definitions (1) “Board” — State Land Board. (2) “Division” — Division of State Lands. (3) “Lands within jurisdiction of the Board” — Lands which have been placed under the Board’s jurisdiction by the Constitution of Oregon or the Oregon state legislature. These lands…

141-087-0010 Application of Rules These rules shall apply to all hydroelectric projects located on lands within the Board’s jurisdiction which have not received final approval for all state, local, and federal permits and licenses. The approval standards of these rules shall not …

141-087-0015 Division Application Review The Division shall review the following applications to determine if the proposed hydroelectric project is to be constructed on lands within the jurisdiction of the Board: (1) Applications with the Federal Energy Regulatory Commission (FER…

141-087-0020 Division Notice to Applicants When the Division determines that any of the applications described in OAR 141-087-0015 are for projects to be located on land within the jurisdiction of the Board, the Division shall notify the applicant and the agency to which the appl…

141-087-0030 Division Review of Application for Lease (1) The Division shall conduct its review of a lease application after receiving all of the following information: (a) A copy of a water appropriations permit issued by the Water Resources Commission under ORS Chapter 537 or p…

141-087-0040 Land Board Criteria for Decision on Request for Lease The Land Board shall base its decision on a request for a lease or easement for the development of a hydroelectric project, on lands within the jurisdiction of the Board, on the following criteria: (1) The propose…

141-087-0050 Fees for Hydroelectric Projects on State-Owned Submerged and Submersible Lands (1) There shall be a fee for leases or easements granted by the State Land Board pursuant to OAR 141-087-0001 through 141-087-0040. The fee shall be determined with the object of obtaining…