Chapter 196 — Chapter 196

ORS 196.700 [Formerly 541.626; renumbered 196.830 in 1989]

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ORS 196.705 [Formerly 541.627; renumbered 196.835 in 1989]

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ORS 196.710 [Formerly 541.630; renumbered 196.840 in 1989]

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ORS 196.715 [Formerly 541.635; renumbered 196.845 in 1989]

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ORS 196.718 [Enacted in lieu of 541.640; renumbered 196.850 in 1989]

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ORS 196.720 [Formerly 541.645; renumbered 196.855 in 1989]

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ORS 196.725 [Formerly 541.650; renumbered 196.860 in 1989]

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ORS 196.730 [Formerly 541.655; renumbered 196.865 in 1989]

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ORS 196.735 [Formerly 541.660; renumbered 196.870 in 1989]

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ORS 196.740 [Formerly 541.662; renumbered 196.875 in 1989]

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ORS 196.745 [Formerly 541.665; renumbered 196.880 in 1989]

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ORS 196.750 [Formerly 541.670; renumbered 196.885 in 1989]

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ORS 196.755 [Formerly 541.675; renumbered 196.890 in 1989]

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ORS 196.760 [Formerly 541.680; renumbered 196.895 in 1989]

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ORS 196.765 [Formerly 541.685; renumbered 196.900 in 1989]

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ORS 196.770 [Formerly 541.695; renumbered 196.905 in 1989]

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ORS 196.795 Streamlining process for administering state removal or fill permits; application for state program general permit; periodic reports to legislative committee. (1) The Department of State Lands shall continue to pursue methods to streamline the process for administering permits for the removal of material from the bed or banks of any waters of this state or for filling the waters of this state, reducing paperwork, eliminating duplication, increasing certainty and timeliness and enhancing resource protection. The efforts of the Department of State Lands shall include but need not be limited to applying to the United States Army Corps of Engineers for a state program general permit as authorized in federal regulations implementing section 404 of the Federal Water Pollution Control Act, and section 10 of the Rivers and Harbors Act of 1899, as amended. In conjunction with these activities, the Department of State Lands may continue to investigate the possibility of assuming the federal regulatory program under 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act

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ORS 196.800 As used in ORS 196.600 to 196.921, unless the context requires otherwise

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ORS 196.805 Policy. (1) The protection, conservation and best use of the water resources of this state are matters of the utmost public concern. Streams, lakes, bays, estuaries and other bodies of water in this state, including not only water and materials for domestic, agricultural and industrial use but also habitats and spawning areas for fish, avenues for transportation and sites for commerce and public recreation, are vital to the economy and well-being of this state and its people. Unregulated removal of material from the beds and banks of the waters of this state may create hazards to the health, safety and welfare of the people of this state. Unregulated filling in the waters of this state for any purpose, may result in interfering with or injuring public navigation, fishery and recreational uses of the waters. In order to provide for the best possible use of the water resources of this state, it is desirable to centralize authority in the Director of the Department of State Lands, and implement control of the removal of material from the beds and banks or filling of the waters of this state

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ORS 196.806 Adoption of fees by rule. (1) In accordance with ORS chapter 183, the Director of the Department of State Lands shall adopt rules to establish fees for

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ORS 196.810 (1)(a) Except as otherwise specifically permitted under ORS 196.600 to 196.921, a person may not remove any material from the beds or banks of any waters of this state or fill any waters of this state without a permit issued under authority of the Director of the Department of State Lands, or in a manner contrary to the conditions set out in the permit, or in a manner contrary to the conditions set out in an order approving a wetland conservation plan

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ORS 196.812 Large woody debris; rules. The provisions of ORS 196.600 to 196.921 do not affect the removal of large woody debris if the large woody debris

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ORS 196.815 Application for permit; rules; fees; disposition of fees. (1) A person who is required to have a permit to remove material from the bed or banks or fill any waters of this state shall file a written application with the Director of the Department of State Lands and pay a fee established by the director by rule under ORS 196.806 for each individual project before performing any removal or fill

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ORS 196.816 General permits allowing removal of certain amount of material for maintaining drainage; rules; waiver of fees. (1) As used in this section, “traditionally maintained channel” has the meaning given that term in ORS 196.909

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ORS 196.817 General permits; rules. (1)(a) Notwithstanding ORS 196.810, the Department of State Lands may establish a removal or fill general permit

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ORS 196.818 Wetland delineation reports; review by Department of State Lands; fees; rules. (1) A person or governmental body requesting a permit under ORS 196.810 shall submit a wetland delineation report to the Department of State Lands for a determination of

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ORS 196.820 Prohibition against issuance of permits to fill Smith Lake or Bybee Lake; exception. (1) Notwithstanding any provision of ORS 196.600 to 196.921 to the contrary, except as provided in subsection (2) of this section, the Director of the Department of State Lands shall not issue any permit to fill Smith Lake or Bybee Lake, located in Multnomah County, below the contour line which lies 11 feet above mean sea level as determined by the 1947 adjusted United States Coastal Geodetic Survey Datum

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ORS 196.825 Criteria for issuance of permit; conditions; consultation with public bodies; hearing; appeal. (1) The Director of the Department of State Lands shall issue a permit applied for under ORS 196.815 if the director determines that the project described in the application

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ORS 196.830 Estuarine resource replacement as condition for fill or removal from estuary; considerations; other permit conditions. (1) As used in this section, “estuarine resource replacement” means the creation, restoration or enhancement of an estuarine area to maintain the functional characteristics and processes of the estuary, such as its natural biological productivity, habitats and species diversity, unique features and water quality

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ORS 196.835 Hearing regarding issuance of permit; procedure; appeals; suspension of permit pending appeal. Any person aggrieved or adversely affected by the grant of a permit by the Director of the Department of State Lands may file a written request for hearing with the director within 21 days after the date the permit was granted. If the director finds that the person making the written request has a legally protected interest which is adversely affected by the grant of the permit, the director shall set the matter down for hearing within 30 days after receipt of the request. The hearing shall be conducted as a contested case in accordance with ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. The permittee shall be a party to the proceeding. Within 45 days of the hearing the director shall enter an order containing findings of fact and conclusions of law. The order shall rescind, affirm or modify the director’s original order. Appeals from the director’s final order may be taken to the Court of Appeals in the manner provided by ORS 183.482. A permit to fill granted by the director may be suspended by the director during the pendency of the proceedings before the director and any appeal. The director shall not suspend the permit unless the person aggrieved or adversely affected by grant of permit makes a showing before the director by clear and convincing evidence that commencement or continuation of the fill would cause irremediable damage and would be inconsistent with ORS 196.600 to 196.921. [Formerly 541.627 and then 196.705; 2003 c.738 §19]

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ORS 196.840 [Formerly 541.630 and then 196.710; repealed by 2005 c.729 §1]

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ORS 196.845 Investigations and surveys. In considering applications for permits, the Director of the Department of State Lands may cause investigations or surveys to be made of the location of the work contemplated to determine whether such removal or filling is consistent with ORS 196.805 and 196.825. [Formerly 541.635 and then 196.715]

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ORS 196.850 (1) Notwithstanding ORS 196.810, the Department of State Lands may, by rule, grant general authorization for removal of material from the bed or banks of any waters of this state or the filling of any waters of this state without a permit from the department if the department finds that the activities subject to the general authorization

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ORS 196.855 Noncomplying removal of material or filling as public nuisance. The removal of material from the beds or banks or filling any of the waters of this state without a permit issued under ORS 196.825, or in a manner contrary to the conditions set out in the permit, or in a manner contrary to the conditions set out in an order approving a wetland conservation plan, is a public nuisance. [Formerly 541.645 and then 196.720; 2007 c.71 §65]

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ORS 196.860 Enforcement powers of director. (1) If the Director of the Department of State Lands determines that material is being removed from or filling is occurring in any of the waters of this state without a permit issued under ORS 196.825, or in a manner contrary to the conditions set out in the permit, or in a manner contrary to the conditions set out in an order approving a wetland conservation plan, the director may

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ORS 196.865 Revocation, suspension or refusal to renew permit. If the Director of the Department of State Lands finds that a person holding a permit issued under ORS 196.825 is removing material from the bed or banks or filling any of the waters of this state contrary to the conditions set out in the permit, the director may revoke, suspend or refuse to renew such permit. The director may revoke a permit only after giving notice and opportunity for a hearing as provided in ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. [Formerly 541.655 and then 196.730; 2007 c.849 §17]

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ORS 196.870 Abatement proceedings; restraining order; injunction; public compensation. (1) In addition to any enforcement action taken under ORS 196.860, civil proceedings to abate alleged public nuisances under ORS 196.855 may be instituted at law or in equity, in the name of the State of Oregon, upon relation of the Director of the Department of State Lands or by any person in the person’s name

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ORS 196.875 Double and treble damages for destruction of public right of navigation, fishery or recreation; costs and attorney fees. (1) If any person, through negligence, violates ORS 196.810, the Director of the Department of State Lands, in a proceeding brought pursuant to ORS 196.870, may seek and the court may award double a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation

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ORS 196.880 Fill under permit presumed not to affect public rights; public rights extinguished. If the Director of the Department of State Lands issues a permit to fill pursuant to ORS 196.600 to 196.921, it shall be presumed that such fill does not infringe upon the public rights of navigation, fishery or recreation, and the public rights to lands created by the fill shall be considered extinguished. [Formerly 541.665 and then 196.745]

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ORS 196.885 Annual report of fill and removal activities; contents of report. The Director of the Department of State Lands shall submit an annual report to the State Land Board on the activities conducted under ORS 196.600 to 196.921. The annual report shall include the following

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ORS 196.890 Civil penalties. Any person who violates any provision of ORS 196.600 to 196.921 or any rule, order or permit adopted or issued under ORS 196.600 to 196.921 shall be subject to a civil penalty in an amount to be determined by the Director of the Department of State Lands of not more than $10,000 per day of violation. [Formerly 541.675 and then 196.755]

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ORS 196.895 (1) Except as provided in subsection (4) of this section, civil penalties under ORS 196.890 shall be imposed as provided in ORS 183.745

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ORS 196.900 Schedule of civil penalties; rules; factors to be considered in imposing civil penalties. (1) The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular violation

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ORS 196.905 [Formerly 541.695 and then 196.770; 1999 c.610 §1; 2009 c.342 §3; 2011 c.16 §1; 2011 c.406 §3; 2017 c.428 §1; renumbered 196.921 in 2019]

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ORS 196.906 Legislative findings and declarations. (1) The Legislative Assembly finds and declares that

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ORS 196.909 Definitions. As used in ORS 196.906 to 196.919

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ORS 196.910 [1997 c.508 §2; 1999 c.59 §54; 2003 c.253 §14; 2007 c.354 §3; renumbered 196.931 in 2019]

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ORS 196.911 Maintenance without permit; applicability; notice. (1) Notwithstanding the permit requirements of ORS 196.810, a person may engage in removal activities or fill activities, or both, for conducting maintenance of a traditionally maintained channel without a permit from the Department of State Lands if

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ORS 196.913 Prohibitions; conditions. (1) Activities for conducting maintenance of a traditionally maintained channel pursuant to a notice submitted under ORS 196.911 may not result in

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ORS 196.915 State agencies’ review and responses to notice; additional conditions; expedited review; variances; inspections; records; rules. (1) The State Department of Agriculture shall, no later than five days after the date the department receives a notice filed pursuant to ORS 196.911, provide a copy of the notice to the State Department of Fish and Wildlife. The State Department of Fish and Wildlife shall, within 30 days after receiving a copy of the notice, provide a response to the State Department of Agriculture. The response may indicate that a review was conducted and the work may proceed, or may provide recommendations on

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