Oregon Administrative Code

141-093-0115 Department Determinations and Considerations in Evaluating Applications to Authorize Projects under a GP (1) Departmental Final Review. The Department will evaluate the information provided in the application, conduct its own investigation, and consider the comments …

141-093-0120 Expiration Authorizations under a General Permit may be kept active for up to five years or as allowed under a specific GP provided the applicable annual renewal fees per OAR 141-085-0545 are received by the Department before the anniversary date of the authorization…

141-093-0125 Enforcement Failure to adhere to the terms of any authorization issued under this division is a violation of the Removal-Fill Law and may be subject to appropriate enforcement in accordance with OAR 141-085. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 …

141-093-0130 Appeal Process for Authorizations Issued under General Permits The provisions of OAR 141-085-0575 and 141-085-0580 are incorporated here by reference. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.6…

141-093-0135 General Conditions Unless otherwise modified by a specific GP or an authorization issued under a GP, the following general conditions apply: (1) Responsible Party. The person listed on the application as the applicant is responsible for the activities of all contract…

141-093-0140 Transportation-Related Structures - Purpose This General Permit (GP) authorizes removal-fill for certain activities related to existing transportation structures. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196…

141-093-0141 Transportation-Related Structures - Eligibility Requirements (1) Definitions. For the purposes of this rule: (a) “Entrenchment ratio” is the ratio between the flood prone width and the width at the elevation at which a stream first reaches the top of its natural bank…

141-093-0145 Transportation-Related Structures - GP-Specific Application Requirements for Authorizing Projects (1) Compensatory Mitigation. Unless otherwise approved by the Department, compensatory mitigation options are: (a) Mitigation bank credit purchase from a Department-appr…

141-093-0150 Transportation-Related Structures - Authorized Activities (1) Existing Structures. Widening, replacing, expanding use, maintaining and removing existing: (a) Roads; (b) Bridges; (c) Pedestrian paths; (d) Culverts; (e) Boat ramps; and (f) Airport runways and taxiways.…

141-093-0151 Transportation-Related Structures - GP-Specific Conditions (1) General Conditions Apply. All the requirements, procedures and conditions set forth in OAR 141-093-0135 apply to this GP. (2) Work Area Isolation. The work area must be isolated from the water during cons…

141-093-0155 Minor Removal-Fill Impacts - Purpose Non-Tidal Wetland Impacts. This General Permit (GP) authorizes removal-fill activity in certain non-tidal wetlands subject to the terms and conditions contained herein. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - …

141-093-0160 Minor Removal-Fill Impacts - Eligibility Requirements (1) Threshold. The removal-fill activity in certain non-tidal wetlands must not exceed two-tenths (0.20) of an acre for the entire project. (2) No Impact to Tidal Wetlands. The project must not involve impacts to …

141-093-0165 Minor Removal-Fill Impacts - Compensatory Wetland Mitigation Unless otherwise approved by the Department, compensatory mitigation options are: (1) Bank credit purchase that meets the eligibility requirements for CM outlined in ORS 141-085-0690; (2) In-lieu fee credit…

141-093-0170 Minor Removal-Fill Impacts - Authorized Activities This GP authorizes a person to conduct removal-fill activity in certain non-tidal wetlands in an amount equal to or less than two-tenths (0.20) of an acre per project. Statutory/Other Authority: ORS 196.600 - 196.692…

141-093-0175 Minor Removal-Fill Impacts - GP-Specific Conditions (1) General Conditions Apply. All the requirements, procedures and conditions set forth in OAR 141-093-0135 apply to this GP. (2) Proof of Mitigation Purchase. Before an authorization is approved, the Department mus…

141-093-0180 Jackson County Vernal Pools - Purpose The purpose of this General Permit (GP) is to provide an expedited authorization for certain projects that involve removal-fill activities in vernal pool wetlands in Jackson County, Oregon. This GP includes a mitigation framework…

141-093-0185 Jackson County Vernal Pools - Expiration This GP will expire on January 1, 2026 or when a combined total of 60 acres of vernal pool wetlands (up to 300 acres of vernal pool habitat complex) or other associated waters have been impacted, whichever occurs first. Upon e…

141-093-0187 Jackson County Vernal Pools - Review Process for Authorizing Projects The Department shall review applications for this GP according to OAR 141-093-0100 through 141-093-0135, with the following exceptions: (1) Initial Review. The Department will review the applicatio…

141-093-0190 Jackson County Vernal Pools - Definitions The following definitions are used in this GP, in addition to those in OAR 141-085-0510. (1) “Combination Credits” means those credits that have been approved by the Department as wetland mitigation credits and by the USFWS a…

141-093-0195 Jackson County Vernal Pools - Eligibility Requirements (1) Project Location. To be eligible for this GP, the project must be located within the geographic area of Agate-Winlo soils. This area generally conforms to the boundaries of the Agate-Winlo soil map unit as ma…

141-093-0200 Jackson County Vernal Pools - Mitigation (1) General Requirements. Mitigation may be accomplished by either permittee responsible mitigation projects or by purchasing credits from an established mitigation bank. Mitigation must be conducted according to the following…

141-093-0205 Jackson County Vernal Pools - Specific Application Requirements (1) Wetland Delineation and Functional Assessments. All applications for this GP must include a wetland delineation approved by the Department and a functional assessment of the vernal pool wetlands at t…

141-093-0215 Jackson County Vernal Pools - Specific Conditions (1) General Conditions Apply. All the requirements, procedures and conditions set forth in OAR 141-093-0105 through 141-093-0135 apply to this GP, unless otherwise specified in this GP. (2) Proof of Mitigation Purchas…

141-093-0220 Maintenance Drainage - Purpose This General Permit (GP) authorizes removal of up to 100 cubic yards of material and fill of up to 100 cubic yards of material for the purpose of maintaining drainage to protect agricultural lands. Statutory/Other Authority: ORS 196.600…

141-093-0225 Maintenance Drainage - Eligibility Requirements Activities authorized by this GP must meet all of the following requirements for maintaining drainage to protect agricultural lands. (1) Purpose. Removal and fill must be for the primary purpose of maintaining drainage …

141-093-0230 Maintenance Drainage - Specific Application Requirements Notwithstanding OAR 141-093-0115, the applicant must provide the following information in an application: (1) Description of the work to be done. Provide a description of how the work will be conducted and wher…

141-093-0235 Maintenance Drainage - Authorized Activities Maintenance of Drainage. The annual removal of up to one hundred cubic yards of material below OHW or HMT for jurisdictional waterways for maintaining existing drainage to protect agricultural land and the placement of up …

141-093-0240 Maintenance Drainage - Specific Conditions (1) General Conditions Apply. All the conditions set forth in OAR 141-093-0135 apply to this GP. (2) Temporary Impacts Only. No conversion of wetland to upland is allowed. All material placed in wetlands must be spread in a …

141-093-0245 Maintenance Drainage - Fees This General Permit is exempt from the fee requirements set forth in OAR 141-085-0545. Statutory/Other Authority: ORS 196.692 Statutes/Other Implemented: ORS 196.816 History: DSL 68-2018, minor correction filed 01/05/2018, effective 01/05/…

141-093-0250 Maintenance Dredging - Purpose This General Permit authorizes removal-fill for certain activities related to navigational access maintenance dredging. Statutory/Other Authority: ORS 196.817 Statutes/Other Implemented: ORS 196.600-196.990 History: DSL 69-2018, minor c…

141-093-0255 Maintenance Dredging - Definitions The following definitions are used in this General Permit, in addition to those contained in OAR 141-085: (1) “Baseline Authorization” means a previous removal-fill authorization for a dredge prism of specified area(s) and depth(s) …

141-093-0260 Maintenance Dredging - Eligibility Requirements Activities authorized by this General Permit must meet all of the following requirements: (1) Purpose. The activity must be for the purpose of maintenance dredging. (2) No Fill in Waters. The maintenance dredging activi…

141-093-0265 Maintenance Dredging - Specific Application Requirements In addition to the application requirements described in OAR 141-093-0105, the applicant must provide the following information in the application: (1) Baseline Authorization; Identification of the baseline aut…

141-093-0270 Maintenance Dredging - Authorized Activities This General Permit authorizes maintenance dredging in accordance with the requirements of this Division, including the removal of material, transport of material to a placement site, and placement of material in an upland…

141-093-0275 Maintenance Dredging - Specific Conditions (1) General Conditions Apply. All requirements, procedures and conditions set forth in OAR 141-093-0135 (General Conditions) apply to this General Permit, except as follows: (a) General Condition (8) Pre-construction Resourc…

141-093-0280 Maintenance Dredging - Term and Reporting (1) Term. Authorizations under this General Permit may be kept active for up to twenty (20) years, subject to the following conditions. Failure to meet these conditions may result in suspension or revocation of the authorizat…

141-093-0285 Certain Ocean Renewable Energy Facilities - GP-Purpose This General Permit authorizes the placement and removal of certain ocean renewable energy facilities for research or demonstration projects in the territorial sea for a limited duration as defined by these Rules…

141-093-0290 Certain Ocean Renewable Energy Facilities - GP-Definitions The following definitions are used in this General Permit, in addition to those contained in OAR 141-085: (1) “Commercial Operation”, as defined in ORS 274.870, means a project undertaken to generate ocean re…

141-093-0295 Certain Ocean Renewable Energy Facilities - GP-Eligibility Requirements Activities authorized by this General Permit must meet all of the following requirements: (1) Research project or demonstration project only. (2) Project must have completed a JART pre-applicatio…

141-093-0300 Certain Ocean Renewable Energy Facilities - GP-Specific Application Requirements In addition to application requirements pursuant to 141-093-0105, the applicant must provide the following information in an application: (1) A JART recommendation for processing the pro…

141-093-0305 Certain Ocean Renewable Energy Facilities - GP-Authorized Activities This General Permit authorizes the placement and removal of ocean renewable energy facilities in the territorial sea for the purpose of research or demonstration in an area not to exceed 53 contiguo…

141-093-0310 Certain Ocean Renewable Energy Facilities - GP- Specific Conditions (1) All requirements, procedures and conditions set forth in OAR 141-093-135 (General Conditions) apply to this General Permit, except as follows: (a) General Condition (5) ODFW Fish Passage Requirem…

141-095-0005 Purpose (1) This division adopts the Department of State Lands state agency coordination program entitled “A Program for Coordinating DSL’s Activities with Oregon’s Cities and Counties, Tribal Governments, Federal and State Agencies, and Special Districts” pursuant t…

141-095-0010 Definitions For the purposes of this division, the definitions contained in ORS 197.015, 273.006 and 274.005 shall apply. In addition, the following definitions shall apply: (1) “Acknowledgment” means that a local government comprehensive plan and land use regulation…

141-095-0015 Applicability of State Agency Coordination Program to Department Rules and Programs (1) This division and the applicable provisions of ORS 197.180 and OAR chapters 660, division 030 shall apply to all department land use programs referenced in the department’s state …

141-100-0005 Definitions In addition to the definitions contained in ORS 390.805 through 390.835 and in OAR 141-085, the following definitions apply: (1) "Beds" means the land within the wet perimeter and any adjacent non-vegetated dry gravel bar. (2) "Emergency Circumstances" me…

141-100-0010 Purpose Pursuant to ORS 390.835(2) and (3), these rules establish procedures for the consideration and processing of permit applications for fill, removal and other alterations of the beds and banks of a State Scenic Waterway and in jurisdictional waters within relat…

141-100-0020 Policy The Department will: (1) Preserve. Preserve the natural setting and free-flowing character of State Scenic Waterways and related adjacent lands for recreation, fish and wildlife uses for present and future benefit to the public. (2) Recognize Best Use of Water…

141-100-0030 Coordination with Key Agencies Involved in Scenic Waterway Management (1) Cooperative Effort. Managing the State Scenic Waterway Program is a cooperative effort of the OPRD, WRD and the Department. In addition, ODFW, DEQ, the Department of Forestry (DOF) and the Oreg…

141-100-0035 Exemptions from Permit Requirements in State Scenic Waterways (1) Prospecting. A permit will not be required for non-motorized methods of recreational prospecting resulting in filling, removing or moving by artificial means less than one cubic yard of material at any…