126 sections in this chapter.
ORS 568.840 Election of advisory board; meetings; members; functions. (1) Within 30 days after a wind erosion district has been designated by the county court the court shall cause to be posted in three public places in such wind erosion district a written or printed notice notifying the farm operators thereof to assemble at some designated convenient place on the 10th day after the date of notice at 10 a.m. for the purpose of electing four directors who shall be known as the advisory board, to serve until their successors are duly elected or appointed. Two members of the initial board shall be elected to serve for one year and two shall be elected to serve for two years. Vacancies in the advisory board shall be filled by appointment by the board
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(2) As soon as 20 percent or more of the farm operators of the district have assembled pursuant to such notice they shall constitute a quorum to do business. Such meeting shall organize by the election of a chairperson and secretary of the meeting and then may proceed to elect fo…
ORS 568.850 Wind erosion inspector; appointment; duties; appeal from decision; compensation; expenses. (1) The county court, upon the recommendation of the advisory board, shall appoint an inspector who shall, within the wind erosion district or districts under the supervision of the inspector
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(a) Determine when serious wind erosion conditions prevail. (b) Serve notices on landowners or occupants to effectively control wind erosion on their lands or correct conditions which may allow wind erosion to occur. (c) When necessary, control or supervise control of wind erosio…
ORS 568.860 Inspector may enter lands in district; service of notice on owner or occupant. (1) The wind erosion inspector shall have access to all lands within the district or districts under the supervision of the inspector. If in the judgment of the inspector wind erosion is occurring or is likely to occur because proper control measures are not being practiced, the inspector shall serve a written notice to any such owner or occupant of such land, or where unable to serve such notice personally, shall post the same and two copies thereof in three conspicuous places on the land where the provisions of ORS 568.810 to 568.890 are not being complied with, bearing date of service on posting of same and a statement setting forth that work on the control of wind erosion must be commenced within five days; except that when serious blowing is actually occurring, four hours from the date of service is sufficient notice
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(2) A copy of the notice or notices, each showing the period of grace allowed, together with proof of service indorsed thereon, shall be filed with the county court.
ORS 568.870 County court may authorize inspector to control erosion; expenses of control. (1) If the owner or occupant of the land fails or refuses to control wind erosion in accordance with ORS 568.810 to 568.890, the wind erosion inspector shall at once notify the county court, and the county court shall authorize the wind erosion inspector or such assistants as the inspector may employ to go upon the land and control the wind erosion, using the most effective and practical methods which will operate with the least injury to the land or the crops thereon
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(2) Verbal authorization by telephone from one or more members of the county court is sufficient authority for commencing wind erosion control work when actual wind erosion is occurring and when an official four-hour notice, as provided in ORS 568.860 has been served on the owner…
ORS 568.880 Tax levy for wind erosion control. The county courts of the several counties may levy a tax and create a fund for the control of wind erosion on county land within the wind erosion districts and for expenses of erosion control which cannot fairly be charged to the individual landowners. The amount estimated by the county court as being sufficient for such purposes may be placed in the county budget; and after consideration at the meeting held for the purpose of passing upon the tax levy of the electors of the county, may become one of the items for which expenditure may be made during the ensuing year
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[Repealed or reserved.]
ORS 568.890 District may be dissolved; disposition of district funds; change of district boundaries. (1) Any wind erosion district may be enlarged, contracted or dissolved by the county court when a petition is filed bearing the signatures of two-thirds of the landowners of the district and stating the changes in the district boundaries that are desired
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(2) All such changes shall be described as provided in ORS 568.820. Any moneys remaining in any fund for the control of wind erosion shall, after the dissolution of all such districts in the county, be credited to the general fund of the county. AGRICULTURAL WATER MANAGEMENT
ORS 568.900 Definitions for ORS 568.900 to 568.933. As used in ORS 568.900 to 568.933
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(1) “Board” means the State Board of Agriculture. (2) “Operator” means any person, including a landowner or land occupier engaged in any commercial activity relating to the growing or harvesting of agricultural crops or the production of agricultural commodities. (3) “Water” or “…
ORS 568.903 “Landowner” defined. Notwithstanding the definition given in ORS 568.210, as used in ORS 568.909 to 568.933 “landowner” includes any landowner, land occupier or operator. [1993 c.263 §4]
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[Repealed or reserved.]
ORS 568.906 Plan implementation to involve local agencies. It is the intention of the Legislative Assembly that plans developed under ORS 568.900 to 568.933 involve soil and water conservation districts as local management agencies to the fullest extent practical, consistent with the timely and effective implementation of these plans. [1993 c.263 §10]
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[Repealed or reserved.]
ORS 568.909 Boundaries for land subject to water quality plans; implementation of plan and rules. (1) The State Department of Agriculture may describe the boundaries of agricultural and rural lands that are subject to a water quality management plan
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(a) Due to a determination by the Environmental Quality Commission to establish a Total Maximum Daily Load for a body of water under the Federal Water Pollution Control Act (33 U.S.C. 1313); (b) Due to a declaration of a ground water quality management area under ORS 468B.180; or…
ORS 568.912 Management plan rules; required actions under rules; prohibiting specific practices; landowner appeals. (1) The State Department of Agriculture in consultation with the State Board of Agriculture may adopt rules necessary to implement a water quality management plan initiated under ORS 568.909. The rules adopted under this subsection shall constitute the only enforceable aspects of a water quality management plan
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(2) Pursuant to rules adopted under subsection (1) of this section, the department may require any landowner whose land is located within an area subject to a water quality management plan to perform those actions on the landowner’s land necessary to prevent and control water pol…
ORS 568.915 Entry upon land; purpose; consultation with Department of Justice; notice to landowners. (1) After making a reasonable attempt to notify the landowner, the State Department of Agriculture or a designee of the department may enter any lands within the area subject to a water quality management plan for the purpose of determining
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(a) Those actions that may be required of landowners under ORS 568.900 to 568.933 or rules adopted under ORS 568.912; and (b) Whether the landowner is carrying out the required actions. (2) The State Department of Agriculture, or a designee of the State Department of Agriculture,…
ORS 568.918 Notice to landowner of failure to perform requirements. Upon finding that a landowner in an area subject to a water quality management plan has failed to perform actions required by the rules adopted under ORS 568.912, the State Department of Agriculture shall notify the landowner and direct the landowner to perform the work or take any other actions necessary to bring the condition of the subject lands into compliance with the rules within a reasonable period of time. In all cases, the legal owner of the property shall also be notified, prior to the assessment of any civil penalty. [1993 c.263 §7; 2001 c.594 §4]
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[Repealed or reserved.]
ORS 568.921 Fees from landowners. The State Department of Agriculture, in consultation with the State Board of Agriculture, may establish and collect fees from landowners subject to a water quality management plan adopted under ORS 568.909. The fees shall not exceed the total cost of developing and carrying out the plan and shall not exceed $200 annually per landowner. Fees established by the department under this section are subject to the requirements of ORS 291.055. Any fees received by the department pursuant to this section shall be deposited in the State Treasury to the credit of the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of implementing ORS 568.900 to 568.933. [1993 c.263 §9; 2001 c.442 §6; 2001 c.594 §5]
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[Repealed or reserved.]
ORS 568.924 Interagency agreements. The State Department of Agriculture may enter into agreements with any agency of this state, including but not limited to a soil and water conservation district, or with any agency of the federal government, for the purposes of carrying out the provisions of ORS 568.900 to 568.933 including the development of a plan. [1993 c.263 §11]
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[Repealed or reserved.]
ORS 568.927 Law inapplicable to certain forest practices. The provisions of ORS 568.900 to 568.933 shall not apply to any forest practice conducted on forestland as defined in ORS 527.620. [1993 c.263 §12]
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[Repealed or reserved.]
ORS 568.930 Agricultural activities subject to plan requirements; consultation with Environmental Quality Commission; review and revision of plans. (1) Landowners shall conduct all agricultural activities on agricultural lands within the boundaries of an area subject to a water quality management plan in full compliance with the rules implementing the plan and with all the rules and standards of the Environmental Quality Commission relating to water pollution control. In addition to any other remedy provided by law, any violation of those rules or standards shall be subject to all remedies and sanctions available to the Department of Environmental Quality or the Environmental Quality Commission
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(2) The State Department of Agriculture and the State Board of Agriculture shall consult with the Department of Environmental Quality or the Environmental Quality Commission in the adoption and review of water quality management plans and in the adoption of rules to implement the…
ORS 568.933 Civil penalties; availability; reductions. (1) In addition to any other liability or penalty provided by law, the State Department of Agriculture may impose a civil penalty on a landowner of lands within an agricultural or rural area subject to a water quality management plan for failure to comply with rules implementing the plan
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(2) The department may not impose a civil penalty on a landowner for a first violation under this section unless the department: (a) Has notified the landowner of the violation in a writing that describes, with reasonable specificity, the factual basis for the department’s determ…
ORS 568.950 Agricultural water management technical assistance program. The Oregon State University Extension Service and the Oregon State University Agricultural Experiment Station shall jointly establish an agricultural water management technical assistance program. The technical assistance program shall be a voluntary, nonregulatory and incentive-based program that may include the following elements
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(1) Staffing of agricultural water management specialists based in different regions of this state who will be responsible for: (a) Building collaborative relationships with water and land managers; and (b) Developing research-based water management programs that utilize data col…
ORS 568.952 Implementation of agricultural water management technical assistance program. (1) To carry out the technical assistance program described in ORS 568.950, the Oregon State University Extension Service and the Oregon State University Agricultural Experiment Station may
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(a) Support the acquisition and maintenance of equipment necessary for the collection of weather data, climate data and data related to agricultural water use and management, including equipment that measures or monitors water supply, water diversions, water use and evapotranspir…
ORS 568.954 Reports to interim committees of Legislative Assembly. (1) The Oregon State University Extension Service and the Oregon State University Agricultural Experiment Station shall jointly
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(a) Prepare an annual report describing climate-related impacts on agricultural producers, including, but not limited to, flood and drought impacts, and recommendations to increase agricultural resilience; and (b) Submit the report in the manner provided by ORS 192.245 to the int…
ORS 568.970 Grant program for treatment of western juniper. (1) As used in this section, “local workforce development board” and “workforce program” have the meanings given those terms in ORS 660.300
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(2) The Oregon Department of Administrative Services shall provide grants to soil and water conservation districts organized under ORS 568.210 to 568.808 and 568.900 to 568.933 and to counties for the treatment of western juniper to minimize the negative impacts of western junipe…
ORS 568.972 Grant program monitoring areas. (1) Oregon State University shall consult with recipients of grants under ORS 568.970 to assist the recipients with establishing monitoring areas in central Oregon, Harney County and Klamath County
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(2) Monitoring must be conducted for a period of at least five years and must include: (a) Overstory and understory vegetation surveys to assess soil, water and vegetation relationships; and (b) Monitoring of soil moisture, springflow, streamflow and weather. (3) Monitoring may i…
ORS 568.973 Grant to Central Oregon Intergovernmental Council. The Oregon Department of Administrative Services shall provide a grant to the Central Oregon Intergovernmental Council to
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(1) In rural areas of this state, coordinate efforts to identify and apply for sources of funding for western juniper treatment, or other water conservation projects, among cities, counties or other organizations; and (2) Coordinate activities among grant recipients described in …
ORS 568.974 [2023 c.606 §37; repealed by 2024 c.107 §11]
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[Repealed or reserved.]
ORS 568.976 Acceptance of nongrant moneys by grant recipients. Recipients of grants described in ORS 568.970, as well as organizations described in ORS 568.973 and sections 51 and 52, chapter 606, Oregon Laws 2023, may accept moneys from state agencies, federal or private funds or grants or the Emergency Board, in addition to the grants, for purposes described in ORS 568.970 and 568.972. [2023 c.606 §39; 2024 c.107 §13]
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Note: See first note under 568.970. _______________