Oregon Administrative Code

141-089-0695 Over-Water Structures Fill and Removal – Project-Specific Conditions (1) Project activities must adhere to the general conditions in OAR 141-089-0650 and the following specific conditions, as applicable: (2) Fill and Removal for Residential Docks and Associated Pilin…

141-089-0700 Temporary Impacts to Wetlands and Waterways – Purpose OAR 141-089-0700 to 141-089-0715 set forth the conditions under which a person may, without an individual removal-fill permit, general removal fill permit, or DEQ remedial action permit waiver from the Department,…

141-089-0705 Temporary Impacts to Wetlands and Waterways – Eligibility Requirements To be eligible, a project must adhere to the following: (1) Wetland Conversion. The project must not convert forested or shrub wetlands to a different Cowardin class nor may it convert any wetland…

141-089-0710 Temporary Impacts to Wetlands and Waterways – Authorized Projects Project activities are limited to the following. (1) Temporary impact of 0.50 acres or less of nontidal wetlands; (2) Temporary impact of 0.20 acres or less of tidal wetlands; (3) Placement and removal…

141-089-0715 Temporary Impacts to Wetlands and Waterways – Project-Specific Conditions (1) Project activities must adhere to the general conditions in OAR 141-089-0650 and the following project-specific conditions: (2) Temporary waterway structures for work area isolation must be…

141-089-0720 Waterway Bank Stabilization Using Bioengineering – Purpose OAR 141-089-0720 to 141-089-0735 set forth the conditions under which a person may, without an individual removal-fill permit, general removal fill permit, or DEQ remedial action permit waiver from the Depart…

141-089-0725 Waterway Bank Stabilization Using Bioengineering – Eligibility To be eligible, a project must be for the purpose of bank stabilization in waterways and meet the criteria in OAR 141-089-0730. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statute…

141-089-0730 Waterway Bank Stabilization Using Bioengineering – Authorized Projects Project activities are limited to the following. (1) Bank Terracing, Sloping, and Reshaping. Such projects include bank terracing and sloping, and associated placement of biodegradable erosion con…

141-089-0735 Waterway Bank Stabilization Using Bioengineering – Project-Specific Conditions (1) Project activities must adhere to the general conditions in OAR 141-089-0650 and the following project-specific conditions. (2) Anchoring. Anchoring materials must: (a) Not restrict or…

141-089-0780 Waterway Habitat Improvement – Purpose OAR 141-089-0780 to 141-089-0795 set forth the conditions under which a person may, without an individual removal-fill permit, general removal-fill permit, or DEQ remedial action permit waiver from the Department, fill or remove…

141-089-0785 Waterway Habitat Improvement – Eligibility Requirements (1) Compatible with Management Plans. The project must not be detrimental to existing functions and values that address problems identified in a watershed management plan or water quality management plan. (2) No…

141-089-0790 Waterway Habitat Improvement – Authorized Projects Project activities are limited to the following. The activities may be combined for a project and the removal-fill volume thresholds for each activity may be calculated separately: (1) Barrier Removal. Barriers may b…

141-089-0795 Waterway Habitat Improvement – Project-Specific Conditions (1) Projects must adhere to the general conditions in OAR 141-089-0650 and the following project-specific conditions. (2) Anchoring. Anchoring materials must not restrict or redirect flows, be set below grade…

141-089-0800 Wetland Ecosystem Improvement – Purpose OAR 141-089-0800 to 141-089-0815 set forth the conditions under which a person may, without an individual removal-fill permit, general removal-fill permit, or DEQ remedial action permit waiver from the Department, carry out pro…

141-089-0805 Wetland Ecosystem Improvement – Eligibility Requirements (1) Project Purpose. The project purpose is to improve the existing condition of a site to repair or return natural or historical functions to a disturbed or former wetland. The project may not be for the purpo…

141-089-0810 Wetland Ecosystem Improvement – Authorized Projects Projects are limited to the following. (1) Vegetation Management. Ground-altering activities needed to reestablish and maintain native vegetation, such as mechanized land clearing to remove nonnative vegetation and …

141-089-0815 Wetland Ecosystem Improvement – Project-Specific Conditions (1) Projects must adhere to the general conditions in OAR 141-089-0650 and the following project-specific conditions. (2) Water storage. Water may not be stored for a beneficial use without the appropriate w…

141-089-0820 Non-motorized In-stream Placer Mining in ESH – Purpose These rules set forth conditions under which a person may, without an individual removal-fill permit from the Department, fill, remove, and move material in waters of this state for the purpose of in-stream place…

141-089-0823 Non-motorized In-stream Placer Mining within ESH - Definitions For the purposes of OAR 141-089-0820 through 141-089-0835, the following definitions are used in addition to those found in ORS 196.600 to 196.990 and OAR 141-085-0510. (1) “Completion of the activity” me…

141-089-0825 Non-motorized In-stream Placer Mining in ESH - Eligibility Requirements To be eligible, a project must adhere to the following: (1) Purpose. The activity is for the specific purpose of non-motorized in-stream placer mining within ESH. (2) Not within a State Scenic Wa…

141-089-0827 Non-motorized In-stream Placer Mining within ESH - Expiration and No Transfer (1) Expiration of In-stream Placer Mining Authorizations. Authorizations issued under this GA expire on December 31 of each calendar year. (2) No Transfer of Authorization. An authorization…

141-089-0830 Non-motorized In-stream Placer Mining in ESH - Authorized Activities Non-motorized in-stream placer mining within ESH that fills, removes, or moves cumulatively less than twenty-five (25) cubic yards of material annually. Material filled, removed, or moved includes t…

141-089-0835 Non-motorized In-stream Placer Mining in ESH - Activity-Specific Conditions (1) General Conditions Apply. Activities eligible for this General Authorization must adhere to the general conditions in OAR 141-089-0650 except for subsections (8), (9), and (14). The follo…

141-090-0005 Purpose The purpose of these rules is to establish standards and procedures by which the Department of State Lands makes jurisdictional determinations for the purpose of regulating fill and removal within waters of this state. These rules also establish minimum stand…

141-090-0010 Applicability (1) These rules establish the standards and procedures used by the Department of State Lands to identify waters of this state, which are subject to regulation and authorization requirements of the Removal-Fill Law (ORS 196.800 to 196.990). (2) These rul…

141-090-0015 Policy (1) It is the policy of the State of Oregon that the protection, conservation and best use of the water resources of this state are matters of the utmost public concern (ORS 196.805) and that the state use a single definition of wetlands and a single, uniform …

141-090-0020 Definitions For the purpose of these rules: (1) "Agent" means a business partner, attorney, or any individual who is legally authorized to represent the landowner's interests. (2) "Applicant" means a person who has applied to the Department for a wetland delineation …

141-090-0025 Procedures for Determinations Conducted Entirely by the Department (1) The Department shall make a determination (PJD or JD) according to the procedures in this section. (2) The Department may make a determination for a number of reasons, including but not limited to…

141-090-0030 Technical Requirements (1) Wetland determinations and delineations shall be conducted in accordance with the manual and any supporting technical or guidance documents issued by the Department. (2) All other waters (e.g., streams, estuaries, ditches) shall be delineat…

141-090-0032 Fees (1) Any person submitting a wetland delineation report to the Department for review and approval must pay to the Department a nonrefundable fee based on the appropriate Wetland Delineation Report Tier. Refer to OAR 141-090-0032 PDF (incorporated by reference) fo…

141-090-0035 Standards and Requirements for Wetland Delineation Reports Submitted to the Department (1) Report Submittal: All wetland delineation reports ("reports") submitted to the Department for review, approval, and a JD shall meet the technical requirements in OAR 141-090-00…

141-090-0040 Procedures for Review and Approval of a Wetland Delineation Report Submitted to the Department for a Jurisdictional Determination (1) When a wetland delineation report is submitted to the Department for review, approval and a JD, the Department shall review the repor…

141-090-0045 Duration, Revision, Expiration and Reissuance of Jurisdictional Determinations (1) All JDs by the Department shall be in writing and, except as provided in section (2) of this rule, shall remain valid for a period of five years from the date of issuance. A JD may be …

141-090-0050 Request for Reconsideration, Contested Case, and Appeal (1) A JD by the Department may be reconsidered upon written request to the Department by the landowner, agent, or applicant with landowner approval within six months of the date of the JD (date the letter or for…

141-090-0055 Effective Date These rules become effective on June 1, 2023. Statutory/Other Authority: ORS 196.845 & 196.692 Statutes/Other Implemented: ORS 196.800 – 196.990, 196.600 – 196.665, 196.668 – 196.692 & 197.279 History: DSL 2-2023, amend filed 05/05/2023, effective 06/0…

141-091-0005 Fees Unless otherwise stated by rule, the Department of State Lands shall make charges for copies and services as follows: (1) Per image for Xerox copies: (a) State agencies — $0.05; (b) General public for material from Department files, copies made by Department sta…

141-091-0010 Additional Fees An additional charge shall be added for actual cost of staff time required for research. Statutory/Other Authority: ORS 192 & 273 Statutes/Other Implemented: ORS 192 & 273 History: LB 11-1982, f. & ef. 12-20-82

141-091-0015 Billing Charges shall be paid in cash at the time of request for copies except that at the discretion of the Director or any Assistant Director, billing may accompany mailed copies. State agencies or other governmental bodies may be billed for copies. Statutory/Other…

141-091-0020 Fees Waived Charges may be waived in the following instances: (1) Routine requests from state, local, and federal agencies; (2) When charges would total $.50 or less; (3) Copies of current leases, permits, etc., requested by lessee, permittee, mortgagor, their insura…

141-092-0020 Introduction The following procedures for screening and selecting a contractor for a personal services contract are adopted as the procedures of the Division of State Lands, including the South Slough Estuarine Sanctuary and the Natural Heritage Advisory Council. Sta…

141-092-0021 Policy (1) The Division of State Lands will contract for consultant services when the specialized skills, knowledge, and resources are not available within the Division; when the work cannot be done in a reasonable time with the Division’s own work force; when an ind…

141-092-0025 Definitions (1) “Agency” means the Division of State Lands. (2) “Assistant Director” means any of the Assistant Directors for programs within the Division of State Lands. (3) “Consultant” or “Contractor” means an individual or firm that has been found qualified to do…

141-092-0030 General (1) A contract file will be maintained by the Finance and Administration Section. The file will contain a complete record of the actions involved in developing and administering the contract including the following: (a) Statement of agency jurisdiction for th…

141-092-0035 Procedure and Responsibility (1) Director, Deputy Director, or Assistant Director or Program Manager determines the agency requires the services of a consultant: (a) Prepares agency justification for contract; (b) Prepares a cost estimate for contract; (c) Determines…

141-093-0100 General (1) Special Headings and Fonts. Where headings, special fonts or double-spacing are used, they are for the convenience of the user only and have no substantive effect. (2) Applicability of OAR 141-085. Unless otherwise specified under 141-093, the provisions …

141-093-0103 Agency Process and Standards for Establishing General Permits (1) General Permits Established by Rulemaking. GPs are issued by rule on a statewide basis or a geographic basis. (2) General Permits Established by Order. GPs are issued by order for an applicant or group…

141-093-0104 Project Applicability (1) Applicability. This rule sets forth conditions under which a person may, without an individual removal-fill permit from the Department, place or remove material within waters of this state, excluding State Scenic Waterways, as defined in OAR…

141-093-0105 Application Requirements and Completeness Review for Authorizing Projects under a General Permit (1) Authorization Required. Unless otherwise specified, a separate application must be submitted to the Department before starting any project covered by a GP. (2) Requir…

141-093-0107 Completeness and Eligibility Review for Authorizing Projects under a GP (1) Initial Review. The Department will review the application within 15 calendar days (unless otherwise stated in the administrative rules for a specific GP), of agency receipt of the applicatio…

141-093-0110 Public Review Process for Authorizing Projects under a GP (1) Circulation of the Application for Public Review. Once the application has been deemed complete, the Department will provide notification of the availability of the application for review either by U.S. ma…