Oregon Administrative Code

141-100-0040 Permit Types Unless exempt under OAR 141-100-0035, one of the following types of permits is required prior to undertaking any amount of removal-fill activity within the bed and banks of a State Scenic Waterway and in waters of this state on related adjacent lands: (1…

141-100-0045 State Scenic Waterway Individual Removal-Fill Permits (1) Application Procedures. Applications for approval of all regulated removal-fill activities in State Scenic Waterways must be submitted to the Department in writing, in advance of the proposed activity, and mus…

141-100-0052 Agency Considerations and Determinations (1) Issuance. The Department will issue State Scenic Waterway removal-fill permits only upon written findings that: (a) The proposed activity is consistent with the State Scenic Waterway Act (ORS 390.805 through 390.925 or an …

141-100-0055 Recreational Placer Mining within State Scenic Waterways (1) Limited Activities. No placer mining is permitted on waters within State Scenic Waterways other than recreational placer mining. (2) Threshold. A complete application in accordance with OAR 141-085-0550 and…

141-100-0060 Scenic Waterway Emergency Removal/Fill Permits (1) Application Procedures. Applications for a State Scenic Waterway Emergency Removal-Fill Permit may be made verbally (e.g., by phone), or by written application, including facsimile, by the following procedures: (a) A…

141-100-0070 Appeals (1) Applicants. Any applicant whose application to the Department for a permit has been denied, or who objects to any of the permit conditions imposed by the Director, may, within 21 calendar days of the denial of the permit or the imposition of any condition…

141-100-0080 Enforcement The Director is authorized to take civil, criminal and administrative action to enforce the requirements of this Division using the authorities provided by the Removal-Fill Law according to ORS 196.860 through 196.990 and OAR 141-085. Statutory/Other Auth…

141-100-0090 Appeals of Enforcement Orders Any person aggrieved by a proposed enforcement order of the Director for a removal-fill violation in a State Scenic Waterway may request a contested case hearing within 20 calendar days of the date of personal service or mailing of the n…

141-102-0000 Purpose Pursuant to ORS 196.810(1)(b), these rules: (1) Further define "essential indigenous anadromous salmonid habitat (ESH)"; (2) Designate ESH in consultation with the Oregon Department of Fish and Wildlife (ODFW) and in consultation with other affected parties; …

141-102-0010 Policy (1) It is the policy of the State of Oregon to protect ESH. (2) To achieve this policy, the Department shall: (a) Consult with ODFW concerning the status of Oregon's indigenous anadromous salmonid species. (b) Identify ESH in consultation with ODFW and other a…

141-102-0020 Definitions (1) "Essential" means those portions of a stream reach that fill all or part of the basic or indispensable spawning or rearing needs of indigenous anadromous salmonids and are those areas necessary to prevent the depletion of indigenous anadromous salmoni…

141-102-0030 Designation of Essential Salmon Habitat (ESH) (1) Areas eligible for designation as ESH include the waters of this state as described in OAR 141-085, including streams and any adjacent off-channel rearing or high-flow refugia habitat with a permanent or seasonal surf…

141-102-0040 Revisions to ESH Revisions to ESH designations shall be made in accordance with the current ODFW Stewardship Plan for the Oregon Fish Habitat Distribution Database and the following procedure: (1) Requests to change an ESH designation and mapping may be submitted to …

141-110-0000 Applicability (1) These rules: (a) Apply to the management of state land for the grazing of livestock; and (b) Establish a process for authorizing grazing of livestock through the granting of leases and trailing permits. (2) These rules do not apply to: (a) The grant…

141-110-0005 Definitions (1) "Animal Gain" is the number of pounds gained by an animal over a specific period while grazing. (2) "Animal Unit" or “AU” is one mature cow of approximately 1,000 pounds and a calf up to weaning, usually 6 months of age, or their equivalent as determi…

141-110-0010 Policies The following policies will guide the Department in managing state land for grazing including those lands referred to as Common School Grazing Lands for livestock use under these rules: (1) All Trust Land will be managed in accordance with the need to maximi…

141-110-0035 Application Requirements (1) All persons applying to lease rangeland forage, or renew an expiring lease having a renewal provision must: (a) Apply to the Department using a form provided by the Department. One application form shall be submitted for each leasehold fo…

141-110-0040 Leasing Process for Vacant Rangelands (1) Upon receipt of a fully completed application, the Department will determine in a timely manner if the applicant is eligible to lease, and if the requested state land is available for a forage lease. (2) If the Department det…

141-110-0045 Application Fees (1) Each application for a forage lease (including renewals) must be accompanied by a non-refundable fee payable to the Department in the amount of $250. (2) An application for the Department’s approval of a sublease or assignment of a forage lease m…

141-110-0060 General Lease Terms and Conditions (1) A forage lease grants a lessee the right to use a leasehold for livestock grazing purposes in accordance with the lease terms and conditions; applicable local, state and federal laws; an approved LMP or SAMP, if applicable; and …

141-110-0080 Compensation (1) The annual compensation for livestock forage is the greatest of: (a) $250; (b) $4.25 per AUM; or (c) The carrying capacity of the leasehold in AUMs multiplied by the annual AUM rate (expressed in dollars per AUM). The Department will establish the ca…

141-110-0085 Lease Renewals (1) At least 180 calendar days prior to the current lease expiration date, the Department will send the lessee of record a notice by certified mail indicating the date of expiration along with a lease renewal application form. The lease renewal applica…

141-110-0100 Leasehold Management Plan (LMP) (1) A leasehold management plan consists, at a minimum, of the following: (a) Identification of the leasehold area; (b) Identification of the presence and condition of the natural (for example, wildlife or water), recreational, cultura…

141-110-0110 Subleases and Assignment of Leases (1) Any lessee wanting to sublease or assign a lease to another person must: (a) Apply to the Department for prior written authorization on a form provided by the Department; and (b) Submit a non-refundable application fee as provid…

141-110-0120 Improvements by Lessee (1) No improvement may be constructed or placed upon leased land unless the lessee has obtained the prior written authorization of the Department. (2) The Department will consider the following factors before deciding whether to authorize a pro…

141-110-0135 Livestock Trailing (1) Livestock trailing by any person other than the forage lessee operating within their leasehold requires a livestock trailing permit. (2) Any person applying for a livestock trailing permit must do so in writing on a form provided by the Departm…

141-110-0145 Livestock Trespass (1) Any unauthorized livestock found on state land will be considered in trespass. (2) The Department will identify and notify the owner of all livestock found in trespass. (3) The Department may pursue all appropriate legal remedies to assure that…

141-110-0150 Appeals An applicant for an authorization or any other person adversely affected by a decision of the Department concerning an authorization, closure or restriction to the use of state-owned lands may appeal the decision to the Director. (1) Such an appeal must be re…

141-120-0000 Application (1) This rule applies to decisions concerning wetland resource designations and analysis of alternatives made after the local government sponsoring the Wetland Conservation Plan (WCP) has: (a) Defined the WCP area; (b) Completed the required Local Wetland…

141-120-0010 Purpose (1) This rule: (a) Identifies the procedures for local governments and the Director to use when analyzing alternatives to adversely impacting wetland systems; (b) Provides criteria for local governments to use when designating wetlands or portions of wetlands…

141-120-0020 Applicable Policies The Division shall adhere to the following policies when providing technical assistance to local governments developing a WCP and when reviewing a WCP proposed for the Director’s approval: (1) Wetland systems are important ecological components of…

141-120-0030 Definitions For purpose of this rule, all definitions in OAR 141-120-0005 are also applicable. (1) “Buildable Lands Inventory” means the inventory of housing needs as defined in OAR 660-007-0005(3) and 660-008-0005(2) and inventory of industrial and commercial lands …

141-120-0040 Wetland Resource Designations (1) ORS 196.678(2)(d) and 196.681(3)(c) require that wetlands or portions of wetlands within a WCP area be placed into a protection, conservation or development category. (2) The wetland resource designation(s) must take into considerati…

141-120-0050 The Purpose of the Protection Category The purpose of placing wetlands or portions of wetlands into the Protection Category is to protect important wetland resources in perpetuity except as specified in OAR 141-120-0020(7), and preserve them for the functions and val…

141-120-0060 Management Directive for the Protection Category Local governments shall ensure that areas in the Protection Category are managed to: (1) Allow each site’s natural ecological processes to occur; or (2) Maintain or enhance the existing wetland type, functions or value…

141-120-0070 Designation Criteria for the Protection Category (1) Local governments at a minimum shall place into the Protection Category wetlands or portions of wetlands that: (a) Contain uncommon wetland plant communities including those listed in the Oregon Natural Heritage Pr…

141-120-0080 Uses Allowed in the Protection Category (1) A local government may prohibit all human use in areas placed in the Protection Category. (2) A local government may allow only the following uses in areas placed in the Protection Category without additional review: (a) Pa…

141-120-0090 The Purpose of the Conservation Category The purpose of placing wetlands or portions of wetlands into the Conservation Category is: (1) To conserve, restore or enhance the functions and values of the wetland resources for the long-term benefits provided; and (2) To a…

141-120-0100 Management Directive for the Conservation Category Local governments shall ensure that areas in the Conservation Category are managed to conserve or enhance the functions and values of the wetland resource except as impacted by uses allowed under OAR 141-120-0130. St…

141-120-0110 Compensatory Mitigation Requirement for the Conservation Category Compensatory mitigation is required for all uses allowed in the Conservation Category that cause permanent loss of wetland functions, values or wetland area. Statutory/Other Authority: ORS 196.692 Stat…

141-120-0120 Designation Criteria for the Conservation Category Local governments may place wetlands or portions of wetlands into the Conservation Category that do not meet the designation criteria for the Protection Category. The Conservation Category should include wetlands tha…

141-120-0130 Uses Allowed in the Conservation Category (1) A local government may allow the following uses in areas placed in the Conservation Category without additional review: (a) All uses allowed under OAR 141-120-0080(2); (b) Actions to control vegetation required by the loc…

141-120-0140 The Purpose of the Development Category The purpose of placing wetlands or portions of wetlands into the Development Category is to help balance the public’s need for development with the need to protect and conserve important wetland resources. Statutory/Other Autho…

141-120-0150 Management Directive for the Development Category (1) To offset the adverse impacts of allowing wetlands to be used for development, the associated mitigation plan for the WCP shall ensure full replacement of wetland functions and values and shall maintain a stable r…

141-120-0160 Designation Criteria for the Development Category (1) A local government may designate isolated wetlands one acre or less in area into the Development Category if: (a) The local government determines that there is no less damaging practicable alternative within the W…

141-120-0170 Uses Allowed in Development Category Wetlands A local government may allow the following uses after reviewing the proposed use against criteria and standards set out in the WCP implementing ordinances, that ensure that the uses meet the management directives in OAR 1…

141-120-0180 Planned Infrastructure Planned infrastructure may be authorized in a wetland designated in the Conservation Category in the following manner: (1) The party sponsoring the planned infrastructure may receive authorization directly from the Division under ORS 196.682; o…

141-120-0190 Implementing Ordinances To meet the requirements of this rule, the local government’s implementing ordinances shall include standards and criteria that regulate: (1) Alteration or removal of vegetation including trees; (2) Uses allowed in wetlands placed into the Pro…

141-120-0200 Information Requirements Local governments shall provide: (1) The implementing ordinances that set out the standards and criteria necessary to ensure that allowed uses comply with the management directives for protection, conservation and development and an explanati…

141-120-0210 Director’s Determinations When reviewing the local government’s wetland resource designations and analysis of alternatives, the Director shall: (1) Consult with the local government and, as necessary, the Department of Land Conservation and Development on the informa…