Chapter 196 — Chapter 196

ORS 196.542 Use of local resources by State Department of Fish and Wildlife. In implementing the activities described in ORS 196.540 pursuant to ORS 196.545, the State Department of Fish and Wildlife shall use local resources where feasible and practical. [2012 c.27 §3; 2024 c.38 §3]

0.0K chars

ORS 196.545 Work plan. (1) The State Department of Fish and Wildlife, in consultation with members from the scientific and technical advisory committee established under ORS 196.451, other relevant marine and fishery scientists, relevant state agencies, ocean users and coastal communities shall implement the activities described in ORS 196.540 by developing and amending a work plan and adaptive management plan consistent with ORS 196.540

1.9K chars

ORS 196.550 Funding. (1) The State Department of Fish and Wildlife may accept only gifts, grants or contributions from any source for deposit in the State Wildlife Fund established in ORS 496.300 that are consistent with the department’s work plan specified in ORS 196.545

0.7K chars

ORS 196.555 Reporting; rules. Designation of marine reserves requires periodic reporting by the State Department of Fish and Wildlife in consultation with other relevant state agencies on the accomplishment of the goals described in ORS 196.545 (2)(e). The State Department of Fish and Wildlife and the State Land Board shall, based on review of the periodic reporting, initiate appropriate rulemaking adjustments that may include size, location and restrictions on marine reserves. [2009 c.847 §6]

0.1K chars

ORS 196.565 Oregon Ocean Science Trust; members; terms; compensation and expenses; rules. (1) The Oregon Ocean Science Trust is established, consisting of seven members appointed as follows

2.8K chars

ORS 196.566 Trust duties. The Oregon Ocean Science Trust shall

0.6K chars

ORS 196.567 Oregon Ocean Science Fund; sources; uses. (1) The Oregon Ocean Science Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Ocean Science Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Ocean Science Trust for the purpose of carrying out the provisions of ORS 196.565, 196.566, 196.568 and 196.569

1.5K chars

ORS 196.568 Reimbursement from fund. (1) Moneys deposited in the Oregon Ocean Science Fund may be used to reimburse

0.5K chars

ORS 196.569 Report. The Oregon Ocean Science Trust shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, by March 31 of each even-numbered year, describing the progress of the trust in carrying out its duties specified in ORS 196.566. The report may include relevant issues and trends of significance, including emerging scientific research and public policy. [2013 c.776 §5]

0.0K chars

ORS 196.570 Agreements between Oregon Ocean Science Trust and private organizations; records; use of funds. (1) In order to further the strategic priorities of the Oregon Ocean Science Trust, the executive director of the Oregon Ocean Science Trust may enter into an agreement with a private, nonprofit organization under which the organization shall solicit gifts, grants and donations in support of the work of the trust

2.0K chars

ORS 196.571 Policy. The Legislative Assembly finds and declares that ocean acidification and hypoxia severely endanger the state’s commercially and culturally significant ocean resources. The Legislative Assembly therefore declares it to be the policy of the state to ensure a coordinated, effective response to ocean acidification and hypoxia. To facilitate efforts that are coordinated and effective, it is the state’s policy to support ocean acidification and hypoxia actions and initiatives that are developed through close collaborations between federal, state and local agencies, academic institutions and commercial industries, among others. [2017 c.744 §1]

0.2K chars

ORS 196.572 Oregon Coordinating Council on Ocean Acidification and Hypoxia; members; terms; compensation and expenses; rules. (1) The Oregon Coordinating Council on Ocean Acidification and Hypoxia is established, consisting of 13 members as follows

3.3K chars

ORS 196.573 Council duties; biennial report. (1) The Oregon Coordinating Council on Ocean Acidification and Hypoxia shall

4.0K chars

ORS 196.575 Authorization to obtain federal oceanographic data; joint liaison program; use of data. (1) The Department of Land Conservation and Development is authorized to participate on behalf of the State of Oregon with the States of Washington, California, Alaska and Hawaii in a joint liaison program with the Center for Ocean Analysis and Prediction of the National Oceanic and Atmospheric Administration

0.7K chars

ORS 196.580 Liaison program duties. (1) The liaison program shall

1.0K chars

ORS 196.583 Requirement to share geological data regarding territorial sea floor. Any person authorized by a public body, as defined in ORS 174.109, to develop energy resources in Oregon’s territorial sea, shall share any geological and geophysical data, including bathymetry, backscatter, seismic reflection and sample data, generated by the person regarding Oregon’s territorial sea floor with the Oregon territorial sea mapping project at Oregon State University. [2013 c.208 §1]

0.2K chars

ORS 196.600 Definitions for ORS 196.600 to 196.655. As used in ORS 196.600 to 196.655

2.7K chars

ORS 196.605 Purpose. It is the purpose of ORS 196.600 to 196.655 to

1.0K chars

ORS 196.610 Powers of Director of Department of State Lands; fees. Subject to approval by the State Land Board, the Director of the Department of State Lands may

1.3K chars

ORS 196.615 Program for mitigation banks; program standards and criteria; rules. (1) In accordance with the provisions of ORS 196.600 to 196.655, upon the approval of the State Land Board, the Director of the Department of State Lands shall initiate and implement a program for mitigation banks. The director shall encourage the development of and the expeditious approval of mitigation banks and other types of compensatory mitigation

1.5K chars

ORS 196.620 Resource values and credits for mitigation banks; use and withdrawal of credits; annual evaluation of system by director. (1) For each mitigation bank, the Department of State Lands shall establish a system of resource values and credits

4.0K chars

ORS 196.623 Watershed enhancement project as mitigation bank; sale of mitigation credit. (1) The Department of State Lands may approve a watershed enhancement program and certify the project as a mitigation bank under ORS 196.600 to 196.655 if the watershed enhancement program complies with the rules adopted by the department under ORS 196.615 for certification of a program as a mitigation bank

0.5K chars

ORS 196.625 Fill and removal activities in mitigation banks; reports. (1) The Director of the Department of State Lands shall maintain a record of fill and removal activities and actions for each mitigation bank implemented and conduct monitoring of mitigation banks with moneys from the Oregon Removal-Fill Mitigation Fund

0.2K chars

ORS 196.630 Rules. Subject to the approval of the State Land Board, the Director of the Department of State Lands shall adopt rules according to the provisions of ORS chapter 183 to carry out the provisions of ORS 196.600 to 196.655. [Formerly 541.570]

0.0K chars

ORS 196.635 Director to consult and cooperate with other agencies and interested parties. (1) The provisions of ORS 196.600 to 196.655 shall be carried out by the Director of the Department of State Lands. The Department of State Lands shall solicit, but not be bound by, comments from the State Department of Fish and Wildlife, Department of Transportation, Department of Land Conservation and Development, Department of Environmental Quality, Oregon Business Development Department, federal natural resources and regulatory agencies, affected local governments and special districts, conservation organizations and other interested parties. All comments shall be in writing and provided to the Department of State Lands and mitigation bank sponsor within 30 days of solicitation by the Department of State Lands. If comments are not received by the Department of State Lands from a state agency or from an affected local government or special district within 30 days of solicitation, the director shall assume that the state agency, local government or special district does not desire to provide comments

0.7K chars

ORS 196.640 Oregon Removal-Fill Mitigation Fund; rules. (1) The Oregon Removal-Fill Mitigation Fund is established, separate and distinct from the General Fund. All moneys received under ORS 196.645 shall be paid into the State Treasury and credited to the Oregon Removal-Fill Mitigation Fund. All moneys in the fund are appropriated continuously to the Department of State Lands to be used by the department as set forth in ORS 196.650. The moneys in the fund may be invested and reinvested as provided in ORS 293.701 to 293.857. Interest earned by the fund shall be credited to the fund

0.5K chars

ORS 196.643 Payments to comply with permit condition, authorization or resolution of violation; report; rules. (1) A person who provides off-site compensatory mitigation in order to comply with a condition imposed on a permit in accordance with ORS 196.825 (5), an authorization issued in accordance with ORS 196.800 to 196.921 or a resolution of a violation of ORS 196.800 to 196.921 may make a payment for credits to an approved mitigation bank with available credits or to the Oregon Removal-Fill Mitigation Fund

2.3K chars

ORS 196.645 Sources of fund. The following moneys shall be paid into the Oregon Removal-Fill Mitigation Fund

1.0K chars

ORS 196.650 Use of fund. The Department of State Lands may use the moneys in the Oregon Removal-Fill Mitigation Fund for the following purposes

1.4K chars

ORS 196.655 Report on Oregon Removal-Fill Mitigation Fund; contents. As part of the report to the State Land Board required under ORS 196.885, the Director of the Department of State Lands shall prepare an annual report on the Oregon Removal-Fill Mitigation Fund. The report shall include, but need not be limited to

0.8K chars

ORS 196.660 Effect of ORS 196.600 to 196.655. ORS 196.600 to 196.655 are intended to be supplementary to, and are not intended to abrogate, any state or federal law relating to the waters of this state. [Formerly 541.590; 1999 c.59 §51; 2009 c.343 §14]

0.0K chars

ORS 196.665 Short title. ORS 196.600 to 196.655 may be cited as the “Oregon Removal-Fill Mitigation Fund Act.” [Formerly 541.595; 2009 c.343 §15]

0.0K chars

ORS 196.668 Legislative findings. The Legislative Assembly finds that

1.7K chars

ORS 196.670 [Formerly 541.605; renumbered 196.800 in 1989]

0.0K chars

ORS 196.672 Policy. In addition to the policy described in ORS 196.805, it is the policy of the State of Oregon to

2.5K chars

ORS 196.674 Statewide Wetlands Inventory; rules. (1) The Department of State Lands shall compile and maintain a comprehensive Statewide Wetlands Inventory

1.8K chars

ORS 196.675 [Formerly 541.610; renumbered 196.805 in 1989]

0.0K chars

ORS 196.676 Response to notices from local governments. The Department of State Lands shall respond to the notice received from local governments pursuant to ORS 215.418 (1) and 227.350 (1) within 30 days of receipt of the notice. The response shall state whether a permit is or in the future will be required or whether a permit has been issued by the department for the activity which is subject to notice. [1989 c.837 §7]

0.0K chars

ORS 196.678 Wetland conservation plans; contents; procedure for adopting. (1) Any city or county may develop and submit to the Department of State Lands a wetland conservation plan for review pursuant to the provisions of ORS 196.678 to 196.684

1.8K chars

ORS 196.680 [Formerly 541.615; renumbered 196.810 in 1989]

0.0K chars

ORS 196.681 Duties of department; standards for approval of plan; conditions for approval; order. (1) In accordance with rules adopted pursuant to this chapter, the Department of State Lands shall

5.1K chars

ORS 196.682 Permits required for removal or fill; conditions on issuance of permit. (1) Except where otherwise provided by the order approving the plan, individual permit applications shall be required for removal or fill, or both, in areas subject to an approved wetland conservation plan. If individual permit applications are to be reviewed under the authority of the Director of the Department of State Lands, then application fees and review procedures shall be in accordance with ORS 196.815, 196.825 and 196.835. In lieu of the substantive standards for permit issuance in ORS 196.825 (3), the Department of State Lands shall issue a permit if the removal or fill, or both, is consistent with the wetland conservation plan or can be conditioned to be consistent with the plan. The department shall condition any such permit as necessary to ensure that the project

1.0K chars

ORS 196.684 Amendment of plans; review of plans by department; review of orders by Land Use Board of Appeals. (1) Local governments shall provide notice to the Department of State Lands of any proposed amendments to the land use plan and ordinances affecting lands subject to a wetland conservation plan approved under this section

4.2K chars

ORS 196.685 [Formerly 541.620; renumbered 196.815 in 1989]

0.0K chars

ORS 196.686 Acknowledged estuary management plans; review and approval; hearings; final order. (1) For the purposes of this section, an acknowledged estuary management plan includes the comprehensive plan and land use regulations adopted by cities and counties to satisfy the requirement of statewide planning goals related to estuarine resources including shoreland portions of estuarine sites designated for development as those plans and regulations existed on January 1, 1989

5.5K chars

ORS 196.687 Regulation of alteration or fill of artificially created wetlands. (1) Notwithstanding the provisions of ORS 196.600 to 196.921, state or local governments shall not prohibit or restrict the alteration or fill of wetland areas up to one acre in size that have been artificially created from upland for the purpose of controlling, storing or maintaining storm water

1.4K chars

ORS 196.688 Public information program. (1) The Department of State Lands shall develop a public information program to educate permit applicants and the general public about

0.4K chars

ORS 196.690 [Formerly 541.622; renumbered 196.820 in 1989]

0.0K chars

ORS 196.692 Rules. (1) The Department of State Lands shall adopt rules to carry out the provisions of ORS 196.668 to 196.692, 196.800, 196.810, 196.818, 196.825, 196.830, 196.850 to 196.860, 196.885, 196.921, 197.015, 197.279, 215.213, 215.283, 215.284, 215.418 and 227.350

0.4K chars

ORS 196.695 [Formerly 541.625; renumbered 196.825 in 1989]

0.0K chars