Chapter 568 — Chapter 568
126 sections in this chapter.
ORS 568.010 [Repealed by 1983 c.499 §1]
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[Repealed or reserved.]
ORS 568.020 [Repealed by 1983 c.499 §1]
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[Repealed or reserved.]
ORS 568.030 [Repealed by 1983 c.499 §1]
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[Repealed or reserved.]
ORS 568.040 [Repealed by 1983 c.499 §1]
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[Repealed or reserved.]
ORS 568.050 [Repealed by 1983 c.499 §1]
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[Repealed or reserved.]
ORS 568.060 [Repealed by 1983 c.499 §1]
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[Repealed or reserved.]
ORS 568.070 [Repealed by 1983 c.499 §1]
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[Repealed or reserved.]
ORS 568.080 [Repealed by 1983 c.499 §1]
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[Repealed or reserved.]
ORS 568.090 [Repealed by 1983 c.499 §1]
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[Repealed or reserved.]
ORS 568.100 [Repealed by 1983 c.499 §1]
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[Repealed or reserved.]
ORS 568.110 [Repealed by 1983 c.499 §1]
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[Repealed or reserved.]
ORS 568.120 [Amended by 1969 c.314 §66; repealed by 1983 c.499 §1]
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[Repealed or reserved.]
ORS 568.130 [Repealed by 1983 c.499 §1]
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SOIL AND WATER CONSERVATION DISTRICTS (Generally)
ORS 568.210 Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933. As used in ORS 568.210 to 568.808 and 568.900 to 568.933, unless the context requires otherwise
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(1) “Agency of this state” means any public body as defined in ORS 174.109. (2) “Department” means the State Department of Agriculture. (3) “Director” means one of the members of the local governing body of a district elected or appointed in accordance with the provisions of ORS …
ORS 568.220 [Amended by 1961 c.640 §2; repealed by 1971 c.147 §3]
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[Repealed or reserved.]
ORS 568.225 Policy. (1) In recognition of the ever-increasing demands on the renewable natural resources of the state and of the need to conserve, protect and develop such resources, it is hereby declared to be the policy of the Legislative Assembly to provide for the conservation of the renewable natural resources of the state and thereby to conserve and develop natural resources, control and prevent soil erosion, control floods, conserve and develop water resources and water quality, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, conserve natural beauty, promote recreational development, promote collaborative conservation efforts to protect and enhance healthy watershed functions, assist in the development of renewable energy and energy efficiency resources, protect the tax base, protect public lands and protect and promote the health, safety and general welfare of the people of this state
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(2) It is further the policy of the Legislative Assembly to authorize soil and water conservation districts established under ORS 568.210 to 568.808 and 568.900 to 568.933 to participate in effectuating the policy set forth in subsection (1) of this section and for such purposes …
ORS 568.230 [Amended by 1955 c.142 §5; 1963 c.90 §2; 1969 c.610 §2; repealed by 1981 c.92 §4]
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[Repealed or reserved.]
ORS 568.240 [Amended by 1953 c.268 §2; 1955 c.142 §6; 1969 c.610 §4; 1971 c.133 §1; 1973 c.792 §26; repealed by 1981 c.92 §4]
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[Repealed or reserved.]
ORS 568.250 [Amended by 1955 c.142 §7; repealed by 1981 c.92 §4]
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[Repealed or reserved.]
ORS 568.260 [Amended by 1969 c.610 §5; repealed by 1981 c.92 §4]
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[Repealed or reserved.]
ORS 568.270 [Amended by 1953 c.268 §2; 1955 c.142 §8; 1969 c.610 §6; 1971 c.133 §2; repealed by 1981 c.92 §4]
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[Repealed or reserved.]
ORS 568.280 [Amended by 1969 c.135 §2; 1969 c.314 §67; 1969 c.610 §§7,8; repealed by 1981 c.92 §4]
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[Repealed or reserved.]
ORS 568.290 [Amended by 1957 c.603 §1; 1959 c.575 §1; 1961 c.641 §1; 1963 c.377 §1; repealed by 1981 c.92 §4]
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[Repealed or reserved.]
ORS 568.300 Petition for formation of district; contents; consolidation of petitions. (1) Any 25 or more landowners or the owners of more than 70 percent of the acres of land lying within the limits of the territory proposed to be organized into a district may file a petition with the State Department of Agriculture asking that a soil and water conservation district be formed to function in the territory described in the petition. Such petition shall set forth
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(a) The proposed name of the district. (b) That there is need, in the interest of the general welfare, for a soil and water conservation district to function in the territory described in the petition. (c) A description of the territory proposed to be organized as a district. A d…
ORS 568.310 Notice of hearing; questions considered. Within 60 days after a petition described in ORS 568.300 is filed with the State Department of Agriculture, the department shall give notice of and hold a public hearing
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(1) Upon the question of the desirability and necessity, in the interest of the general welfare, of the creation of the district. (2) Upon the question of the appropriate boundaries to be assigned to the district. (3) Upon the propriety of the petition and other proceedings taken…
ORS 568.320 Right to be heard; subsequent notice and hearings. (1) All owners of land and electors within the limits of the territory described in the petition for formation of a district, owners of lands and electors within any territory considered for addition to the described territory, and all other interested parties, shall have the right to attend the public hearing described in ORS 568.310 and to be heard
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(2) If it appears upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned. Due notice of further hearing shall then be given throughout th…
ORS 568.330 Determination of need for district; factors considered in determination; territory need not be contiguous. (1) After the hearing under ORS 568.310, if the State Department of Agriculture determines upon the facts presented at the hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the general welfare, for a soil and water conservation district to function in the territory considered at the hearing, the department shall make and record the determination and define the boundaries of the district
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(2) In making the determination and defining the boundaries, the department shall give due weight and consideration to: (a) The topography of the area considered and of the state. (b) The composition of the soils. (c) The distribution of erosion. (d) The prevailing land-use pract…
ORS 568.340 Determination to not form district; subsequent petitions may be filed. (1) If the State Department of Agriculture determines after the hearing and after due consideration of the relevant facts that a soil and water conservation district in the territory is not administratively practicable or that there is no need for a soil and water conservation district to function in the territory considered at the hearing, the department shall make and record the determination and deny the petition
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(2) After one year has expired from the date of the denial of the petition, subsequent petitions covering the same or substantially the same territory may be filed as provided in ORS 568.300 and new hearings be held and determinations made. [Amended by 1981 c.92 §10; 2009 c.220 §…
ORS 568.350 [Amended by 1981 c.92 §11; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.351 Determination of boundaries for proposed district; notice of plan to issue order; publication; request for referendum. (1) If the State Department of Agriculture makes and records a determination that the formation of a soil and water conservation district within a territory is administratively practicable, that there is a need for the district and that formation of the district promotes the public interest and general welfare, the department shall define the boundaries of the proposed district and shall publish notice that the department plans to issue an order of formation for the district. The department shall cause the notice to be published in a newspaper of general circulation within the area of the proposed district. The notice shall include instructions regarding the filing of a request for a referendum
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(2) If 10 percent of the electors within the proposed district file a written request for referendum within 30 days after publication of the notice, the department shall schedule a referendum as described in ORS 568.391. (3) If a referendum is not required under subsection (2) of…
ORS 568.360 [Amended by 1981 c.92 §12; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.370 Eligible electors. (1) All electors residing within the boundaries of the territory, as determined by the State Department of Agriculture, shall be eligible to vote in the referendum
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(2) For the purpose of the referendum, the county clerk shall assist the department in obtaining a list of electors residing within the boundaries of the proposed area. [Amended by 1957 c.603 §2; 1973 c.656 §2; 1981 c.92 §13]
ORS 568.380 Department to pay expenses and supervise hearings and referenda; informalities in referendum. (1) The State Department of Agriculture shall pay all expenses for issuance of the notices and conduct of the hearings and referenda, and shall supervise the conduct of the hearings and referenda. It shall issue appropriate regulations governing the conduct of the hearings and referenda
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(2) No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof, if notice thereof was given substantially as provided in ORS 568.310 or 568.320 and the referendum was fairly conducted. [Amended by 198…
ORS 568.390 [Amended by 1973 c.656 §3; 1981 c.92 §15; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.391 Referendum process; ballot contents; results. (1) If a referendum regarding the formation of a district is required under ORS 568.351, the State Department of Agriculture shall
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(a) Prepare appropriate ballots and administer the referendum election process; or (b) Enter into an agreement with county officials for administration of the referendum election process by the county. (2) The ballot for a referendum election must include a map or other descripti…
ORS 568.400 Appointment of first directors of district. If the State Department of Agriculture determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, the department shall appoint a board of five directors for the district, to serve terms as provided under ORS 568.560. [Amended by 1955 c.142 §10; 1981 c.92 §16; 2009 c.220 §10]
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[Repealed or reserved.]
ORS 568.410 Formation of district. A soil and water conservation district may be formed in the following manner
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(1) The board of directors appointed under ORS 568.400 shall present to the Secretary of State an application signed and sworn to by them, which shall set forth the procedure followed in the formation of the district. (2) The application shall be accompanied by a map of uniform s…
ORS 568.420 Certificate of formation; boundaries of district. (1) The Secretary of State shall make and issue to the board of directors appointed under ORS 568.400 a certificate, under the seal of the state, of the formation of the soil and water conservation district, and shall record the certificate with the application and statement
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(2) The boundaries of the district shall include the territory as determined by the department as provided in ORS 568.330, but may not include any area included within the boundaries of another soil and water conservation district. [Amended by 1955 c.142 §12; 1981 c.92 §18; 2009 …
ORS 568.430 [Amended by 1955 c.142 §13; 1957 c.603 §3; 1973 c.656 §5; 1981 c.92 §19; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.431 Petitions for inclusion of territory; conditions; referendum. (1) Except as provided under ORS 568.445, one or more landowners may petition the State Department of Agriculture to include the land of the petitioning landowners in an existing soil and water conservation district. The department shall prescribe the form for the petition. The petition must include, but need not be limited to, a legal description of the property, landowner information and the reasons for the proposed inclusion
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(2) The department shall approve the petition if the department, in consultation with the district board of directors, determines that: (a) It is or would be feasible for the land described in the petition to receive services from the district; and (b) The work of the district wo…
ORS 568.433 Petitions for withdrawal of territory; conditions; referendum. (1) Except as provided in ORS 568.445, one or more landowners may petition the State Department of Agriculture to withdraw the land of the petitioning landowners from an existing soil and water conservation district. The department shall prescribe the form for the petition. The petition must include, but need not be limited to, a legal description of the property, landowner information and the reasons for the proposed withdrawal
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(2) The department shall approve the petition if the department, in consultation with the district board of directors, determines that: (a) It is not and would not be feasible for the land described in the petition to receive services from the district; or (b) The work of the dis…
ORS 568.435 Boundary change notice for taxation purposes. For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §50]
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Note: 568.435 was added to and made a part of 568.210 to 568.808 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
ORS 568.440 District legally formed; certificate as evidence. In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of a soil and water conservation district, the district shall be deemed to have been formed in accordance with ORS 568.210 to 568.808 and 568.900 to 568.933 upon proof of the issuance by the Secretary of State of the certificate provided for in ORS 568.420 or 568.555. A copy of such certificate certified by the Secretary of State shall be admissible in evidence in any such suit, action or proceedings and shall be proof of the filing and contents of the certificate. [Amended by 1983 c.740 §219; 2009 c.220 §13]
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[Repealed or reserved.]
ORS 568.445 Petitions for inclusion of territory wholly within another district; approval or disapproval by directors and department. (1) Proceedings for inclusion within a district territory adjacent thereto and located wholly within another district may be initiated by
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(a) A petition for inclusion filed with the directors of the district within which the territory is proposed to be included, signed by 25 or two-thirds, whichever is the lesser, of the landowners of the adjacent territory; or (b) Resolutions for inclusion adopted by the board of …
ORS 568.450 Procedure for consolidating districts. (1) Proceedings to consolidate two or more soil and water conservation districts may be initiated by
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(a) Petitions to consolidate filed with the State Department of Agriculture by 500 electors or 10 percent of the electors, whichever is less, within the districts affected; or (b) Resolutions to consolidate adopted by the board of directors of each district to be affected by the …
ORS 568.460 Referendum; eligible electors; majority required. In the holding of the referendum for consolidation all electors residing within the affected districts shall be eligible to vote. Unless a majority of the electors in each of the districts involved votes in favor of the proposal, the districts shall not be consolidated. [Amended by 1973 c.656 §7]
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[Repealed or reserved.]
ORS 568.470 [Amended by 1961 c.236 §1; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.471 Effect of consolidating districts. If two or more soil and water conservation districts are consolidated, the corporate existence of the districts and, except as provided in ORS 568.545, the terms of office for the board of directors of the former districts expire upon the Secretary of State issuing and recording a certificate of formation for the consolidated district. Upon consolidation, the consolidated district shall assume and be vested with all rights and liabilities of the former districts. [2009 c.220 §17]
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[Repealed or reserved.]
ORS 568.480 [Amended by 1973 c.656 §8; 1981 c.92 §22; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.481 Methods for initiating dissolution of district; notice of process initiation; plan of dissolution and liquidation; public hearings; dissolution order; referendum. (1) The dissolution of a soil and water conservation district may be initiated by any of the following methods
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(a) A petition by 500 electors or 10 percent of the electors within the district, whichever is less, filed with the State Department of Agriculture. (b) A resolution of the district board of directors filed with the department. The district board may adopt a resolution described …