Oregon Administrative Code

695-048-0150 Public Comment on Grant Applications OWEB shall provide the public with meaningful opportunities to comment on grant applications being considered by the Board. In a manner consistent with this requirement, OWEB will provide written notice to the governing bodies of …

695-048-0160 Distribution of Funds (1) The Director may approve the distribution of grant funds. Funds may be distributed throughout the time between approval by the Board and transaction closing as the following conditions are met: (a) A grant agreement is executed by the Direct…

695-048-0170 Compliance and Enforcement (1) The ongoing use of the land addressed in the Protective Instrument acquired with Drinking Water Source Protection Grants shall be consistent with the purposes specified in ORS 448.370. OWEB may initiate any and all legal remedies availa…

695-048-0180 Subsequent Conveyances Any subsequent conveyance of an estate in fee simple absolute, assignment or modification of a Conservation Easement, transfer, assignment or modification of a real covenant, equitable servitude, or other agreement established for the purposes …

695-048-0190 Waiver of Rules The Director may waive the requirements of Chapter 695, Division 48 for individual grant applications unless required by statute, when doing so will result in more efficient or effective implementation of the Drinking Water Source Protection Grant Pro…

695-050-0010 Purpose These rules establish policies and procedures for assuring that Board actions that affect land use comply with Statewide Planning Goals and are compatible with acknowledged comprehensive plans. These rules also prescribe measures for providing technical assis…

695-050-0015 Definitions (1) "Action" means grant-related activities governed by OAR chapter 695, or the adoption, amendment, or implementation of any future Board rule or program found to affect land use pursuant to OAR 660-030-0005(2). (2) "Land Use Approval" means a final deci…

695-050-0020 Policy State law establishes a complementary relationship between state and local management of watersheds. The Board is required by statute to fund restoration, maintenance, and enhancement of watersheds to protect the well-being of the state and its citizens. Board…

695-050-0025 Applicability These rules will apply to Board actions authorized and governed by OAR chapter 695. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05

695-050-0030 Compliance with Statewide Planning Goals (1) Except as provided in section (2) of this rule, Board actions will comply with the Statewide Planning Goals by ensuring compatibility with acknowledged comprehensive plans as described in these rules and OAR chapter 695. (…

695-050-0035 Compatibility with Acknowledged Comprehensive Plans (1) The Board will assure that its actions are compatible with acknowledged comprehensive plans by following provisions established in OAR chapter 695. These provisions will: (a) Require grant applicants to obtain a…

695-050-0040 Compliance of New or Amended Rules and Programs and their Compatibility with Acknowledged Comprehensive Plans (1) The Board will examine proposals to amend or add to its rules and programs to determine if they affect any use as prescribed in OAR 660-030-0005(2). The …

695-050-0045 Coordination with State and Federal Agencies and Special Districts The Board will coordinate its actions with state and federal agencies and special districts as required in OAR 660-030-0060(c) by complying with the interagency coordination provisions in ORS 541.350 …

695-050-0050 Cooperation with, and Technical Assistance to, Local Governments (1) The Board will place a high priority on cooperating with and providing technical assistance to participating agencies as prescribed in ORS 541.890 through 541.972. (2) The Board will maintain inform…

698-005-0010 Purpose These rules guide the Oregon Agricultural Heritage Commission and the Oregon Watershed Enhancement Board in fulfilling their duties in administering the Oregon Agricultural Heritage Program (OAHP) under the provisions of ORS 541.977-ORS 541.989. The OAHP incl…

698-005-0020 Definitions (1) “Agricultural Landowner or Operator” means a landowner, operator, manager or other person having responsibility for exercising control over the day-to-day operation of a farm or ranch. (2) "Board" means the Oregon Watershed Enhancement Board created u…

698-005-0030 Application Requirements Applications must be submitted on the most current format required by OWEB. An explanation must accompany the application if any of the information required on the application cannot be provided. Statutory/Other Authority: ORS 541.984, ORS 54…

698-005-0040 Application Processsing (1) Project applications will be reviewed based on application completeness and the evaluation criteria adopted by the Board for each grant type in these rules. (2) Applications will be considered complete as submitted. Clarification of inform…

698-005-0045 Climate-Related Evaluation Criteria In addition to the evaluation criteria for Conservation Management Plans (OAR 698-010-0090), Working Land Conservation Covenants and Easements (OAR 698-015-0090), Working Land Technical Assistance Grants (OAR 698-020-0160), and Suc…

698-005-0050 Grant Agreement Conditions (1) OWEB will enter into new Grant Agreements with prior grantees only if all reporting obligations under earlier agreements have been met. (2) If the Grant Agreement has not been fully executed by all the parties within one year of Board a…

698-005-0060 Use of Restricted Funding The Board may accept contributions to the Oregon Agricultural Heritage Fund from any public or private source and may agree to any conditions for the expenditure of those contributions that are consistent with the purpose of the fund as spec…

698-005-0070 Distribution of Funds (1) The Director may withhold payments to a grantee if there are significant and persistent difficulties with satisfying OWEB requirements. (2) Funds will be released upon receipt of a completed request, as prescribed by OWEB, accompanied by doc…

698-005-0090 Technical Committees In addition to Technical Committees established by the Commission to rank and evaluate grant applications, the Commission may establish any Technical Committees it considers necessary to aid and advise the Commission in the performance of its fun…

698-005-0100 Waiver and Periodic Review of Rules The Director may waive the requirements of Division 5 unless required by statute, when doing so will result in more efficient or effective implementation of the Oregon Agricultural Heritage Program. Any waiver must be in writing, i…

698-010-0010 Purpose (1) This Division supplements the Oregon Agricultural Heritage Program Administration rules under OAR 698-005 and provides specific requirements for Conservation Management Plan Grant Program. (2) The purpose of a Conservation Management Plan as defined in OA…

698-010-0020 Definitions (1) “Mutual Modification” means a change to a Conservation Management Plan that is: (a) Material to the plan as defined in 698-010-0120(5); and (b) Agreed to by the Agricultural Landowner or Operator implementing the plan and the Conservation Management P…

698-010-0030 Eligible Applicants (1) Eligible applicants for Conservation Management Plan Grants are: (a) Entities eligible to hold a conservation easement as defined in ORS 271.715, other than a state agency; (b) Watershed councils; and (c) Tax exempt organizations under section…

698-010-0045 Eligible Properties Eligible properties for Conservation Management Plan Grants are working lands as defined in ORS 541.977(2). Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, ado…

698-010-0050 Match Contributions (1) All applicants shall demonstrate that some portion of the application is being sought as match. (2) The following funds and activities qualify as match: (a) In-kind contributions to activities listed under OAR 698-010-0060; and (b) Funding com…

698-010-0060 Use of Funds Funding may be utilized to develop, implement, carry out or monitor Conservation Management Plans. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2…

698-010-0070 Term of Payment for Conservation Management Plan Implementation (1) If an Agricultural Landowner or Operator is reimbursed for the implementation of a Conservation Management Plan, the plan must be for a term of at least 20 years and no more than 50 years. (2) If a p…

698-010-0080 Conservation Management Plan Components At a minimum, Conservation Management Plans must include: (1) A summary describing how the Conservation Management Plan meets the purpose of the OAHP as defined in OAR 698-005-0010; (2) The contact and location information for …

698-010-0090 Evaluation Criteria Conservation Management Plan Grant applications will be evaluated on: (1) The significance of the agricultural, natural resource, and related social values of the working land subject to the Conservation Management Plan(s), including: (a) The pote…

698-010-0100 Technical Review and Funding Process (1) The Commission and OWEB shall jointly appoint one or more Technical Committees to evaluate and rank applications for grants for Conservation Management Plans. (2) Applications shall be evaluated according to criteria described…

698-010-0110 Grant Agreement Conditions (1) All Conservation Management Plan Grant Agreements for Conservation Management Plan development authorized by the Board shall have a clause that requires the retention of up to 10 percent of project funds until the final report, as requi…

698-010-0120 Conservation Management Plan Mutual Modification If funding is provided for Conservation Management Plan implementation: (1) The Conservation Management Plan holder and the Agricultural Landowner or Operator must review the Conservation Management Plan at least annua…

698-010-0130 Conservation Management Plan Monitoring If funding is provided for Conservation Management Plan implementation: (1) The Conservation Management Plan Holder must conduct at least one site visit to the property every year, to document the implementation of the Conserva…

698-010-0140 Grant Reporting Requirements (1) For grants that include funding for Conservation Management Plan implementation: (a) At least once per year, the Conservation Management Plan holder must meet with the Agricultural Landowner or Operator and provide OWEB with a written…

698-010-0150 Waiver and Periodic Review of Rules The Director may waive the requirements of Division 10 unless required by statute, when doing so will result in more efficient or effective implementation of the Conservation Management Plan Grant Program. Any waiver must be in wri…

698-015-0010 Purpose (1) This Division supplements the Oregon Agricultural Heritage Program Administration rules under OAR 698-005 and provides specific requirements for the Working Land Conservation Covenants and Easements Grant Program. (2) A Working Land Conservation Covenant …

698-015-0020 Definitions (1) “Project” means the aggregate of eligible activities included in sections 698-015-0060 and 698-015-0070 that comprise an application. (2) “Stewardship” means the management of the Working Land Conservation Covenant or Working Land Conservation Easemen…

698-015-0030 Eligible Applicants Eligible applicants for Working Land Conservation Covenant and Easement Grants are holders as defined in ORS 271.715 other than state agencies. Individual owners of working land are not eligible to apply for a Working Land Conservation Covenant an…

698-015-0040 Eligible Properties Eligible properties for Working Land Conservation Covenant and Easement Grants are working lands as defined in ORS 541.977(2). Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History…

698-015-0050 Application Requirements (1) In accordance with ORS 541.977(3) and (4), OWEB may consider Working Land Conservation Covenant and Easement Grant applications to acquire a nonpossessory interest in working land for a permanent or fixed term that imposes limitations or …

698-015-0060 Matching Contributions (1) All applicants shall demonstrate that at least 25% match is being sought, based on the total OAHP grant request for a Working Land Conservation Covenant or Working Land Conservation Easement project. (2) The following funds and activities q…

698-015-0070 Use of Grant Funds Working Land Conservation Covenant and Easement Grant funds may be applied towards costs related to purchasing, implementing, holding, monitoring, stewarding, or enforcing the Working Land Conservation Covenant or Working Land Conservation Easement…

698-015-0080 Terms of Covenants and Easements (1) A Working Land Conservation Easement shall last in perpetuity. (2) A Working Land Conservation Covenant shall last for a term of no less than twenty and no more than fifty years. (3) The Working Land Conservation Covenant term sha…

698-015-0090 Evaluation Criteria Working Land Covenant and Easement Grant applications will be evaluated on: (1) The regional significance of the agricultural, natural resource, and related social values of the working land that will be subject to the Working Land Conservation Co…

698-015-0100 Technical Review and Funding Process (1) The Commission and OWEB shall jointly appoint one or more Technical Committees to evaluate and rank applications for grants for Working Land Conservation Covenants or Working Land Conservation Easements. To fulfill this respon…

698-015-0110 Board Approval and Delegation of Authority (1) The Commission shall recommend, and the Board shall approve grants in accordance with this OAR Chapter 698, Division 15. (2) The Director is delegated the responsibility of ensuring that funding conditions required by th…