Chapter 196 — Chapter 196
156 sections in this chapter.
ORS 196.917 Notice of violation; reasonable efforts to induce voluntary compliance. Upon finding that a person has engaged in removal activities or fill activities for the maintenance of a traditionally maintained channel without a permit required under ORS 196.810 and in violation of ORS 196.911, 196.913 or 196.915, the State Department of Agriculture or the Department of State Lands, in consultation with the State Department of Fish and Wildlife, shall notify the person and direct the person to take any actions necessary to bring the maintenance activities into compliance with ORS 196.600 to 196.921 within a reasonable period of time. In all cases, the State Department of Agriculture or the Department of State Lands shall make reasonable efforts to induce voluntary compliance, prior to the assessment of any civil penalty under ORS 196.890 for violation of ORS 196.911, 196.913 or 196.915. [2019 c.699 §7]
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Note: See note under 196.906.
ORS 196.919 Memoranda of understanding. (1) The Department of State Lands and the State Department of Agriculture shall enter into a memorandum of understanding providing for the State Department of Agriculture to implement ORS 196.906 to 196.919. Subject to the terms of the memorandum of understanding, the State Department of Agriculture
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(a) May perform the functions of the Department of State Lands in implementing and enforcing ORS 196.906 to 196.919. (b) Shall, in coordination with soil and water conservation districts, work to provide education on the requirements of ORS 196.906 to 196.919. (c) Shall, in coord…
ORS 196.921 (1) Notwithstanding the exemptions in subsections (3) to (8) of this section, a permit under ORS 196.600 to 196.921 is required for any fill or removal of material in or from the waters of this state when
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(a) The fill or removal is a part of an activity whose purpose is to bring an area of state waters into a use to which it was not previously subject; and (b)(A) The flow or circulation of the waters of this state may be impaired; or (B) The reach of the waters may be reduced. (2)…
ORS 196.931 Monitoring fill and removal activities; public education and information materials; periodic reports to legislative committee. The Department of State Lands shall
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(1) Monitor removal and fill activities, including but not limited to prospecting and placer mining, within designated essential indigenous anadromous salmonid habitat areas to determine the effects of such activities on salmonid spawning and rearing habitat and compile the resul…
ORS 196.990 (1) A person commits the offense of unlawful removal from or filling of waters of this state if the person knowingly violates ORS 196.810 or an order issued thereunder, or any rule or condition of a permit issued under ORS 196.600 to 196.921
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(2) Notwithstanding ORS 161.515, unlawful removal from or filling of waters of this state is an offense punishable by a fine of up to $10,000 per day of violation.
ORS 196.993 Penalties for unauthorized use of Willamette Falls Locks. A person who gains or attempts to gain unauthorized access to or use of the properties or facilities of the Willamette Falls Locks Authority in violation of any use restriction or condition imposed by the authority, including assessment of any fees, commits a Class D violation. In addition to any enforcement officers specifically identified in ORS 153.005, the executive director of the Willamette Falls Locks Authority and other employees of the Willamette Falls Locks Authority may issue citations for violations of this section. [2021 c.229 §11]
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Note: See note under 196.200. _______________