Title 19, Miscellaneous Matters Related to Government and Public Affairs

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 releva…

(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 i…

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 …

(1) The Oregon Coordinating Council on Ocean Acidification and Hypoxia is established, consisting of 13 members as follows: (a) The Governor or the Governor’s designee; (b) The director of an initiative for integrative marine studies at Oregon State University or the director’s d…

(1) The Oregon Coordinating Council on Ocean Acidification and Hypoxia shall: (a) Review and utilize relevant, scientifically supported information, including the recommendations of the West Coast Ocean Acidification and Hypoxia Science Panel and other available information, repo…

(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 …

(1) The liaison program shall: (a) Assist state and local governments to become fully aware of oceanographic data and products available from the federal government and in particular from the Center for Ocean Analysis and Prediction. (b) Assist the Center for Ocean Analysis and P…

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 Or…

As used in ORS 196.600 to 196.655: (1) “Compensatory mitigation” means activities conducted by a permittee or third party to create, restore, enhance or preserve the functions and values of the water resources of this state to compensate for the removal-fill related adverse effec…

It is the purpose of ORS 196.600 to 196.655 to: (1) Promote, in concert with other federal and state programs as well as interested parties, the maintenance and conservation of the water resources of this state; (2) Improve cooperative efforts among private, nonprofit and public …

Subject to approval by the State Land Board, the Director of the Department of State Lands may: (1) Charge a fee for purchase of credits in the mitigation bank as provided by ORS 196.600 to 196.655. (2) Acquire or accept title to lands suitable for use in mitigation banks or acti…

(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 expeditio…

(1) For each mitigation bank, the Department of State Lands shall establish a system of resource values and credits. (2) A credit from a mitigation bank may be withdrawn for a condition imposed on a permit in accordance with ORS 196.825 (5), for any other authorization issued in …

(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 …

(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. (2) The director shall pr…

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]

(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 …

(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 co…

(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 ma…

The following moneys shall be paid into the Oregon Removal-Fill Mitigation Fund: (1) Any moneys appropriated for that purpose by the Legislative Assembly; (2) Moneys received from conditions imposed on a permit, authorizations or resolutions of violations, except civil penalties,…

The Department of State Lands may use the moneys in the Oregon Removal-Fill Mitigation Fund for the following purposes: (1) For the voluntary acquisition of land or interests therein suitable for use in mitigation banks. (2) To pay for specific projects to create, restore, enhanc…

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: (1) The financial status of the…

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]

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

The Legislative Assembly finds that: (1) Wetlands provide a natural means of flood and storm damage protection through the absorption and storage of water during high runoff periods, thereby reducing flood crests and preventing loss of life and property; (2) Wetlands provide esse…

In addition to the policy described in ORS 196.805, it is the policy of the State of Oregon to: (1) Promote the protection, conservation and best use of wetland resources, their functions and values through the integration and close coordination of statewide planning goals, local…

(1) The Department of State Lands shall compile and maintain a comprehensive Statewide Wetlands Inventory. (2) In compiling the Statewide Wetlands Inventory, the department shall develop, by rule, a system for uniform wetland identification, delineation and comprehensive mapping.…

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 be…

(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. (2) A wetland conservation plan shall include the following elements: (a) A description and maps of the area…

(1) In accordance with rules adopted pursuant to this chapter, the Department of State Lands shall: (a) Review any proposed wetland conservation plan or proposed amendment to an approved wetland conservation plan against the standards in this section; (b) Prepare a proposed order…

(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 …

(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. (2) Amendments to plan policies, maps and implementing or…

(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…

(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 mainta…

(1) The Department of State Lands shall develop a public information program to educate permit applicants and the general public about: (a) Wetland functions and values. (b) The status and trends of Oregon’s wetlands. (c) The Statewide Wetlands Inventory. (d) Wetland regulation. …

(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. (2) Rules adopted pursua…

(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 duplicatio…

As used in ORS 196.600 to 196.921, unless the context requires otherwise: (1) “Channel relocation” means a change in location of a channel in which a new channel is dug and the flow is diverted from the old channel into the new channel if more than 50 cubic yards of material is r…

(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 u…

(1) In accordance with ORS chapter 183, the Director of the Department of State Lands shall adopt rules to establish fees for: (a) Applications for, and renewal of, removal or fill permits required under ORS 196.810; (b) The review of wetland delineation reports under ORS 196.818…

(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 St…

The provisions of ORS 196.600 to 196.921 do not affect the removal of large woody debris if the large woody debris: (1) Poses a direct and demonstrable danger to livestock, human life or real property; (2) Poses a risk of harm to transportation facilities including, but not limit…

(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…

(1) As used in this section, “traditionally maintained channel” has the meaning given that term in ORS 196.909. (2) Notwithstanding ORS 196.810, the Department of State Lands may establish by rule a general permit that allows the removal of no more than 100 cubic yards of materia…

(1)(a) Notwithstanding ORS 196.810, the Department of State Lands may establish a removal or fill general permit: (A) By rule for processing applications on a statewide or geographic basis; or (B) By order for an applicant or group of applicants to cover activities that are subst…

(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: (a) Whether waters of this state are present on a specific land parcel; (b) Where the boundaries of waters of…

(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 con…

(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: (a) Is consistent with the protection, conservation and best use of the water resources of this state as …

(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, …

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 wri…