Oregon Administrative Code

635-412-0015 Prioritization (1) The Department shall establish a list of priority artificial obstructions at which fish passage would provide the greatest benefit to native migratory fish for restoration and enforcement purposes. (2) The priority list may exclude artificial obstr…

635-412-0020 Fish Passage Approval (1) No artificial obstruction may be constructed or maintained across any waters of this state that are inhabited, or were historically inhabited, by native migratory fish without providing passage for native migratory fish. (2) Prior to a trigg…

635-412-0025 Fish Passage Waivers and Exemptions (1) The Commission (or Department as applicable) may grant exemptions from fish passage requirements at an artificial obstruction if it is determined that: (a) A lack of fish passage has been effectively mitigated; (b) The owner or…

635-412-0030 Fish Passage Protests (1) A person owning or operating an artificial obstruction may request alternative dispute resolution at any point in the process of determining fish passage requirements. (2) The owner or operator of the artificial obstruction who objects to a …

635-412-0035 Fish Passage Criteria (1) General requirements for fish passage are: (a) Unless the owner or operator of an artificial obstruction chooses to provide year-round fish passage for all native migratory fish and life history stages, the Department shall determine: (A) Th…

635-412-0040 Mitigation Criteria (1) Mitigation shall not be allowed for artificial obstructions located in, or which would prevent access to, "Habitat Category 1" habitat for native migratory fish as described in OAR 635-415-0025(1). (2) Mitigation options include: (a) Providing…

635-412-0045 Environmental Restoration Weirs Definitions; In addition to the definitions in OAR 635-412-0005, for the purpose environmental restoration weirs the following definitions shall apply: (1) “Ancient floodplain” means channel adjacent areas and surfaces constructed by f…

635-412-0050 Eligibility Criteria (1) If the Department determines, or the applicant assumes, that native migratory fish are present in a qualifying stream, prior to construction of the environmental restoration weir the applicant shall obtain Department approval of a fish passag…

635-412-0055 Application Material Any application for projects involving construction of environmental restoration weirs must utilize the Department’s application form and specifically describe how the project will meet all the eligibility criteria set forth in OAR 635-412-0050 a…

635-412-0060 Conditions of Approval (1) The Department may require third-party monitoring as a condition of approval. (2) Brush and trees removed in association with construction of an environmental restoration weir must be replanted with native riparian vegetation. Removal of ve…

635-412-0065 Monitoring and Reporting (1) The owner of an environmental restoration weir is responsible for maintaining the structure as approved, and monitoring and reporting on the habitat conditions as specifically required by this rule. (2) Monitoring and reporting shall cons…

635-415-0000 Purpose The purpose of these rules is to further the Wildlife Policy (ORS 496.012) and the Food Fish Management Policy (506.109) of the State of Oregon through the application of consistent goals and standards to mitigate impacts to fish and wildlife habitat caused b…

635-415-0005 Definitions For the purposes of OAR 635-415-0000 through 635-415-0025 only: (1) “Department” means the Oregon Department of Fish and Wildlife. (2) “Development Action” means any activity subject to regulation by local, state, or federal agencies that could result in …

635-415-0010 Fish and Wildlife Habitat Mitigation Policy It is the fish and wildlife habitat mitigation policy of the Oregon Department of Fish and Wildlife to require or recommend, depending upon the habitat protection and mitigation opportunities provided by specific statutes, …

635-415-0015 Application of Fish and Wildlife Habitat Mitigation Policy (1) The Department shall work with regulatory and planning agencies, land management agencies, private developers, operators, public interest groups, and the public to implement this Fish and Wildlife Habitat…

635-415-0020 Implementation of Department Habitat Mitigation Requirements (1) The Department shall provide mitigation consistent with the goals and standards of OAR 635-415-0025 for Department development actions that impact fish and wildlife habitat. (2) The Department shall req…

635-415-0025 Implementation of Department Habitat Mitigation Recommendations (1) "Habitat Category 1" is irreplaceable, essential habitat for a fish or wildlife species, population, or a unique assemblage of species and is limited on either a physiographic province or site-specif…

635-418-0100 Purpose The purpose of this rule division is for the Department to designate regional dry maintenance time periods for conducting removal-fill activities in dry, traditionally maintained channels as defined in ORS 196.906-196.919 and OAR 603-095-4000 to OAR 603-095-4…

635-418-0110 Area Definitions and Dry Maintenance Time Periods for Watersheds in Agricultural Drainage Maintenance Regions as Defined by Oregon Department of Agriculture Administrative Rule (OAR 603-095-4010) (1) North Willamette Watershed (a) That portion of the Lower Columbia R…

635-418-0120 Variance Process A variance to conduct maintenance in dry, traditionally maintained channels outside of the regional dry maintenance time periods identified in 635-418-0110, may be requested through OAR 603-095-4045. The Department, on a project-by-project basis, wil…

635-420-0000 Purpose The purpose of OAR 635, division 420 is to implement the provisions of Oregon Laws 1991, Chapter 735. These rules prescribe the standards for Department review of proposed chemical process mining operations for the purpose of developing conditions for protect…

635-420-0010 Definitions For the purposes of OAR 635-420-0000 through 635-420-0120 only: (1) “Associated Wastewaters” means wastewaters, including but not limited to tailings in liquid or slurry form, which are created as a result of a chemical process mining operation. (2) “Avai…

635-420-0020 Wildlife Protection Plan (1) The applicant shall prepare a wildlife protection plan as part of the consolidated application for a chemical process mine in OAR chapter 637, division 037. The plan shall provide sufficient information to demonstrate that the standards f…

635-420-0030 Standards for Wildlife Protection Chemical process mining operations shall use the best available, practicable and necessary wildlife protection technologies to maintain an objective of zero wildlife mortality. Wildlife protection measures shall meet or exceed the fo…

635-420-0040 Minimum Standards for Covering or Containment (1) All conveyances for chemical processing solutions shall be covered or contained to preclude access by wildlife. Conveyances for associated wastewaters shall be covered or contained to preclude access by wildlife, or s…

635-420-0050 Minimum Standards for Fencing Fencing which meets the following minimum specifications shall be placed around all chemical processing solutions and associated wastewaters which are not contained: (1) Fences shall be a minimum of eight feet in height. Higher fences ma…

635-420-0060 Wildlife Mitigation Plan (1) The applicant shall prepare a wildlife mitigation plan as part of the consolidated application for a chemical process mine in OAR chapter 637, division 037. On the date the consolidated application is submitted to DOGAMI, the applicant sh…

635-420-0070 Wildlife Injury and Mortality Reporting (1) The permittee is responsible for monitoring and maintaining the protection measures described in the wildlife protection plan on an ongoing and constant basis throughout the lifetime of the chemical process mine, including …

635-420-0080 Inspection of Mining Operations (1) Every permittee or the permittee’s agent shall always keep open to inspection by the Department or its agent the permit area as well as any books, records, papers or memoranda which are pertinent to the administration of this divis…

635-420-0090 Content of Inspection Report (1) Department inspection reports shall be made on a form approved by the Department and shall indicate: (a) The date and time of inspection; (b) The name of the Department employee who conducted the inspection and include his or her sign…

635-420-0100 Liability and Penalties (1) The permittee shall be held liable for any wildlife injury or mortality. The issuance of a chemical process mining permit does not relieve the permittee from liability for wildlife injury or mortality resulting from acts conducted pursuant…

635-420-0110 Certification of Self-Sustaining Ecosystem (1) At least 90 days prior to a request to DOGAMI for release of financial security pursuant to OAR 632-037-0110, the permittee shall submit a report to the Department evaluating the success of habitat restoration against th…

635-420-0120 Compliance with Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans (1) This division represents a “new agency land use program” as defined in OAR 635-405-0005, and is subject to the requirements of the Department’s State Agency Coordinat…

635-425-0000 Purpose The purpose of these rules is to further the State of Oregon’s Wildlife Policy contained in ORS 496.012 and 496.138 and the Food Fish Management Policy contained in 506.109 by applying consistent standards for reviewing and issuing in-water blasting permits a…

635-425-0005 Applicability OAR 635-425-0000 through 635-425-0050 apply whenever the use of explosives is desired in the course of removing any obstruction in any waters of this state, in constructing any foundations for dams, bridges or other structures, or in carrying on any tra…

635-425-0010 Definitions For the purposes of OAR 635-425-0000 through 635-425-0050 only: (1) “Applicant” means any person, partnership, corporation, association, public interest organization, political subdivision, governmental board, agency or commission who files an application…

635-425-0015 Fish and Wildlife In-Water Blasting Permit Policy It is the policy of the Oregon Fish and Wildlife Commission to discourage in-water blasting unless it is the only practicable method to accomplish the project goals. The Department may issue in-water blasting permits …

635-425-0020 Application Requirements (1) Timing of Application: An application for an in-water blasting permit must be submitted no less than 90 days before the anticipated in-water blasting for a major project, and no less than 30 days before the anticipated in-water blasting f…

635-425-0025 Compliance with Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans (1) Pursuant to the Department’s State Agency Coordination Program, OAR 635 division 405, the applicant must provide information documenting the project's compliance with…

635-425-0030 Application Review Procedures (1) The Department will provide a copy of the In-Water Blasting Permit Rules and an application form to all applicants for an in-water blasting permit. (2) The Department will review an application to determine if it is complete and noti…

635-425-0035 Permit Conditions The Department will condition each in-water blasting permit as necessary to prevent injury to fish, wildlife, and their habitat. Protective permit conditions include but are not limited to the following: (1) The applicant must clean up all debris as…

635-425-0040 Notification Requirements (1) Applicants must notify the district fishery or habitat biologist at least 48 hours before actual blasting, and the Department must have the opportunity to have an observer present during and after the blasting. The Department may conduct…

635-425-0045 Compensation for Injury to Fish and Wildlife The applicant must compensate the State of Oregon for any injury to fish, wildlife, or their habitat resulting from failure to comply with the conditions of the in-water blasting permit, or from failure to obtain an in-wat…

635-425-0050 Applicability of Existing Laws An in-water blasting permit is designed to prevent injury to fish and wildlife and their habitat. An in-water blasting permit does not authorize violation of any other applicable state, federal or local laws or regulations. An in-water …

635-430-0000 Purpose of Wildlife Habitat Conservation and Management Program The purpose of these rules is to implement the Wildlife Habitat Conservation and Management Program (Program), ORS 308A.400-308A.430. These rules: (1) Establish priorities, criteria and standards for enr…

635-430-0010 Definitions of Wildlife Habitat Conservation and Management Program For the purposes of OAR 635-430-0000 through 635-430-0100 only: (1) "Cooperating agency" means the Oregon Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, the Natural Resources Co…

635-430-0020 Priority Habitats for the Wildlife Habitat Conservation and Management Program (1) The primary objective of the Wildlife Habitat Conservation and Management Program is to preserve, enhance or improve the composition, structure or function of habitat for native wildli…

635-430-0025 State Fish and Wildlife Commission Designation of Eligible Land (1) At the request of the governing body of a county, the Director of the State Fish and Wildlife Department may designate any or all of the following land in unincorporated areas within the county as el…

635-430-0027 Property Enrollment Criteria (1) The Department will only enroll properties in the Wildlife Habitat Conservation and Management Program that the Department determines will create or maintain a conservation benefit. The Department will evaluate properties based on hab…

635-430-0030 Wildlife Conservation and Management Practices Conservation and management practices appropriate to ensure a conservation benefit may include, but are not limited to: (1) Protecting existing native vegetation; (2) Planting native trees, shrubs, grasses and other nati…