Chapter 568 — Chapter 568
126 sections in this chapter.
ORS 568.490 [Amended by 1955 c.142 §14; 1981 c.92 §23; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.491 Termination of board of directors; appointment of board of trustees; notice of dissolution; certificate of dissolution. (1) If referendum election results favor the dissolution of a soil and water conservation district, or if the State Department of Agriculture orders the dissolution of a district under ORS 568.481 without a referendum election, the department shall declare the member positions of the district board of directors to be vacant and appoint three individuals to serve as a board of trustees for winding up the affairs of the district
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(2) The board of trustees shall consult with the department for the purpose of implementing the plan of dissolution and liquidation and carrying out the following: (a) Payment of debts, or securing the release of debts, and disposing of district property. (b) Settling all books a…
ORS 568.495 Disposition of district assets; insolvency; rules. (1) If a soil and water conservation district that is being dissolved has tax levying authority, the board of trustees for the district shall turn over to the county treasurer any surplus moneys remaining to the credit of the district after payment of the indebtedness of the district. If the assets of the district are insufficient to pay the indebtedness, the board of trustees shall levy taxes, within the limits of the authority of the district, for the liquidation of the indebtedness
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(2) In each year that the county receives surplus moneys to the credit of a district described in subsection (1) of this section, the county assessor shall certify any moneys in the district account on June 30, except moneys not in excess of $6,000 that the county retains for adm…
ORS 568.500 Order of dissolution; effect. Upon issuance of an order of dissolution by the State Department of Agriculture, all ordinances and regulations adopted and in force within the former soil and water conservation district shall be of no further force and effect. [Amended by 1981 c.92 §24; 2009 c.220 §21]
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[Repealed or reserved.]
ORS 568.510 Proceedings for dissolution limited. The State Department of Agriculture may not entertain petitions for dissolution of any soil and water conservation district or conduct a referendum or make findings regarding a petition for dissolution of a district in accordance with ORS 568.481 more often than once each year after the first five-year period following formation of the district. [Amended by 1981 c.92 §25; 2009 c.220 §22]
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[Repealed or reserved.]
ORS 568.515 [1955 c.142 §4; 1981 c.92 §26; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.520 Petitions nominating directors; regular elections; duties of department. (1) A regular election shall be held in each soil and water conservation district on the first Tuesday following the first Monday of November in each even-numbered year for the purpose of electing directors to succeed the directors whose terms expire the following January. Nominating petitions of candidates for director to be voted for at a general district election shall be filed with the department no later than a date set by the State Department of Agriculture
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(2) The department may extend the time within which nominating petitions may be filed. (3) The department may not accept a nominating petition unless the petition is subscribed by 10 or more electors residing within the boundaries of the district. (4) Electors residing within the…
ORS 568.530 Ballots; write-in votes; unfilled positions. (1) The State Department of Agriculture shall furnish the names of all nominees for director on behalf of whom nominating petitions have been filed to the county clerk of the respective counties lying within the district not less than the 61st day before the date of the general election. Ballots shall be printed, voted, counted and canvassed in conformity with the provisions of general law relating to elections, except as otherwise provided by subsections (2) to (4) of this section or ORS 568.210 to 568.808 and 568.900 to 568.933
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(2) If no nominee for a position qualifies under subsection (1) of this section to have the name of the nominee furnished to the county clerk for placement on the ballot, the position becomes open for write-in votes on the ballot. An elector who meets the qualifications to become…
ORS 568.540 [Amended by 1955 c.142 §15; 1973 c.656 §11; 2007 c.690 §3; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.542 Payment of expenses for director election from county funds. The expenses incurred for the election of directors of a soil and water conservation district under ORS 568.210 to 568.808 and 568.900 to 568.933 shall be paid out of county funds by the county or counties within which the territory of the district lies. [1995 c.243 §2]
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Note: 568.542 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 568.545 Procedure for selection of directors of consolidated districts; selection of officers. (1) If two or more soil and water conservation districts are consolidated, all directors of the former districts may continue to serve until directors for the consolidated district are elected as provided in this subsection. Not later than 30 days after the date of issuance of the certificate referred to in ORS 568.471, the boards of the former districts shall hold a joint meeting. At the joint meeting, a majority of all the directors of all the former districts constitutes a quorum for the transaction of business. The directors so assembled shall elect seven persons from among their number to serve as directors of the consolidated district. The term of office of the directors elected as provided in this subsection shall be as provided in ORS 568.560 (6)(b). The number of directors of a consolidated district may be reduced to five in the manner provided in ORS 568.565
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(2) The directors elected as provided in subsection (1) of this section shall select a chairperson, secretary and other necessary officers and select a regular date for the annual and other meetings. [1965 c.155 §3; 1969 c.393 §1; 1973 c.656 §12; 2007 c.690 §4; 2009 c.220 §25; 20…
ORS 568.550 General powers of board of directors; erosion control covenants; interagency cooperation; land use regulations; department rules. (1) The board of directors of a soil and water conservation district has the following powers
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(a) To secure surveys and investigations and do research relating to: (A) The character of soil erosion; (B) The character of floodwater and sediment damage; (C) All phases of the conservation, development, utilization and disposal of water; and (D) The preventive measures, contr…
ORS 568.552 Power of directors to manage and control water resources and projects; authority of Water Resources Commission. (1) The members of the local governing body of a soil and water conservation district shall have, in addition to the powers granted to them by ORS 568.550 and within the limits of appropriations and other moneys duly made available to the soil and water conservation district, the power
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(a) To plan, construct, maintain, manage, administer or control any works of improvement for flood prevention or for the conservation, development, utilization or disposal of water upon lands within their respective districts upon obtaining the consent of the landowner as defined…
ORS 568.554 District to submit program and work plans for department review. Each conservation district shall submit to the State Department of Agriculture its proposed long-range program and annual work plans for review and comment. [1973 c.656 §20; 1981 c.92 §30]
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[Repealed or reserved.]
ORS 568.555 Name of district may be changed. Upon approval by the State Department of Agriculture, the directors of a soil and water conservation district may submit to the Secretary of State a proposed new name for the district. If the proposed new name is not identical with that of any other soil and water conservation district of this state or so nearly similar as to lead to confusion or uncertainty, the Secretary of State shall make the change in names on the appropriate records in the office of the secretary, and shall record and issue to the directors a new certificate of formation for the district containing the new name. If the proposed new name does not satisfy such requirement, the Secretary of State shall so notify the directors, who may submit a new name which does satisfy such requirement. [1955 c.142 §2; 1981 c.92 §31; 2009 c.220 §27]
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[Repealed or reserved.]
ORS 568.560 Number of directors; director qualifications; officers; election; terms; vacancies. (1) The local governing body of the soil and water conservation district shall consist of a board of either five or seven directors elected or appointed as provided by law. To ensure proper representation of all the people in the district and to facilitate district functions, the State Department of Agriculture shall provide for the zoning of each district, and shall provide each time directors are elected or appointed for the proper and equitable representation for each zone
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(2) Two director positions shall be at-large positions. At-large directors must reside within the district and be registered voters. (3)(a) All zone directors must be registered voters and reside within the zones they represent in the district. (b) In addition to the requirements…
ORS 568.565 Procedures for changing number of directors. (1) Upon the written recommendation of the local governing body of a district having seven directors, the number of directors of such governing body may be reduced from seven to five by holding a meeting of the governing body at which the directors elect five persons from among their number to serve as directors of the district. The term of office of the directors elected pursuant to this section shall be as provided in ORS 568.560 (6)(c)
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(2) Upon the written recommendation and majority vote of the local governing body of a district having five directors, the number of directors for the district may be increased to seven. Notwithstanding any unexpired term of office to which a member may have been elected, all fiv…
ORS 568.570 Majority constitutes a quorum. A majority of the directors constitutes a quorum. The concurrence of a majority in any matter within their duties is required for its determination. [Amended by 1971 c.403 §14]
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[Repealed or reserved.]
ORS 568.580 Annual meeting. Each year after the creation of the first board of directors at a time fixed by resolution of the board, the board, by giving due notice, shall call an annual meeting of the landowners in the district and present an annual report and audit
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[Repealed or reserved.]
ORS 568.590 Notice of annual meeting. No later than 15 days prior to the annual meeting, the board of directors for a soil and water conservation district shall cause notices to be published in a paper of general circulation in the area, setting forth the time and place of holding the meeting. [Amended by 1961 c.641 §3; 1973 c.656 §15; 2009 c.220 §30]
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[Repealed or reserved.]
ORS 568.600 Legal counsel; delegation of powers; assistance to department. (1) The directors may call upon the Attorney General for such legal services as they may require, or may employ their own counsel
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(2) The directors may delegate to their chairperson or to one or more directors such powers and duties as they deem proper. (3) The directors shall make available to the State Department of Agriculture all records and information pertaining to the district and shall assist the de…
ORS 568.610 Records; audits. The board of directors for a soil and water conservation district shall
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(1) Provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted. (2) Provide for an annual audit of the accounts of receipts and disbursements in accordance with ORS 297.210, 297.230 and 297.405 to 297…
ORS 568.620 Consultation with county or municipal representatives. The directors shall invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the directors of the district on all questions of program and policy which may affect the property, water supply or other interest of such municipality or county
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[Repealed or reserved.]
ORS 568.630 [Amended by 1959 c.48 §1; 1981 c.92 §34; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.640 [Amended by 1959 c.48 §2; 1973 c.656 §16; 1983 c.83 §106c; 1983 c.238 §3; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.650 [Amended by 1959 c.48 §3; 1973 c.656 §17; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.660 [Amended by 1959 c.48 §4; 1973 c.656 §18; 1981 c.92 §35; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.670 [Amended by 1959 c.48 §5; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.680 [Amended by 1981 c.92 §36; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.690 [Amended by 1959 c.48 §6; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.700 [Repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.710 [Repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.720 [Amended by 1981 c.897 §66; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.730 Officials may enter private lands. The directors or designated representatives of a soil and water conservation district have authority to go upon any lands within the district after notifying the owner or operator for the purpose of making surveys and carrying out the responsibilities with which the directors or representatives are vested by law. The directors or representatives shall take due precaution at all times to prevent injury to growing crops or livestock. [Amended by 2009 c.220 §32]
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[Repealed or reserved.]
ORS 568.740 [Amended by 1961 c.236 §2; 1981 c.92 §37; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.750 [Amended by 1981 c.92 §38; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.760 [Repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.770 [Amended by 1959 c.48 §7; 1981 c.92 §39; repealed by 2009 c.220 §34]
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[Repealed or reserved.]
ORS 568.780 Certain public agencies to be deemed owners. Agencies of this state which have jurisdiction over, or are charged with the administration of any state owned lands, and of any county, or other governmental subdivision of the state, which have jurisdiction over, or are charged with the administration of any county owned or other publicly owned lands, lying within the boundaries of any district organized under ORS 568.210 to 568.808 and 568.900 to 568.933 are deemed owners within the meaning of ORS 568.210 to 568.808 and 568.900 to 568.933 and have the same rights and duties as other landowners under the provisions of ORS 568.210 to 568.808 and 568.900 to 568.933
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[Repealed or reserved.]
ORS 568.790 County funds for personnel and other uses. (1) In any county where one or more soil and water conservation districts have been established as provided by ORS 568.210 to 568.808 and 568.900 to 568.933, the county court of such county may provide and appropriate funds for the use of such district or districts for the employment of necessary personnel including the employment of one county extension agent or for other expenditures required to carry out the provisions of ORS 568.210 to 568.808 and 568.900 to 568.933
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(2) Such funds may be provided either by special provision in the annual tax levy of such county or by appropriation of funds not otherwise appropriated. [Amended by 1961 c.641 §4; 1983 c.327 §9; 2009 c.220 §33]
ORS 568.800 [1965 c.27 §§2,3,4; repealed by 1977 c.146 §2]
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[Repealed or reserved.]
ORS 568.801 Stream control and management projects; application; designation and implementation; rules. (1) Any district that desires to implement a stream bank erosion control or stream corridor management project shall make application therefor to the State Department of Agriculture. The application shall be in such form and shall contain such information as the department may prescribe
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(2) By utilizing existing inventories and reports, the department shall designate projects to be implemented on critically eroding stream systems of this state. (3) The department shall utilize the resources and cooperation of other state and federal agencies to the greatest exte…
ORS 568.803 General obligation bonds; refunding bonds; special taxes. (1) When authorized by a majority of electors voting at an election called for that purpose by the directors of a soil and water conservation district, the directors may issue general obligation bonds of the district, not exceeding in value the amount stated in the notice of election and for the purpose named in the notice as provided in ORS chapter 287A
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(2) The aggregate amount of general obligation bonds issued and outstanding at any one time may not exceed two and one-half percent of the real market value of all taxable property of the district, computed in accordance with ORS 308.207. (3) General obligation bonds must recite …
ORS 568.805 Special assessments; improvement bonds; objections by landowners. (1) A district may finance the exercise of any district power or function authorized under this chapter by levying special assessments against property directly benefited thereby and by issuing special assessment improvement bonds. As security for the bonds, the district may pledge all or any part of the revenue from special assessments levied against property directly benefited. The rights and duties accorded a city and the owners of property in a city under ORS 223.389 and 223.391 for levying special assessments and issuing special assessment improvement bonds shall apply in the same manner to a district and the owners of property in the district for purposes of levying assessments and issuing special assessment improvement bonds under this section
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(2) In addition to other requirements of ORS 223.389 and 223.391, the directors of a district shall fix a date by which written objections to the amount of proposed assessments levied under this section may be filed with the district. The date so fixed shall be not less than 50 d…
ORS 568.806 Ad valorem tax; budget; collection. (1) When authorized to become a taxing district by the eligible electors of the district as provided in ORS 568.807, a district may assess, levy and collect an ad valorem tax each year on all taxable property within the limits of the district. The proceeds of the tax shall be applied in carrying out the purposes of ORS 568.210 to 568.808 and 568.900 to 568.933
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(2) In any year in which the ad valorem tax provided for in subsection (1) of this section is levied, the directors of the district shall prepare a budget in the form, manner and time prescribed in ORS 294.305 to 294.565 (the Local Budget Law), and in accordance therewith shall f…
ORS 568.807 Electors authorizing taxation; election date. (1) The eligible electors of a district may, by approving a proposition referred to them by the governing body of the district, authorize the district to become a taxing district with the power to thereafter assess, levy and collect an ad valorem tax each year on the real market value of all taxable property within the limits of the district
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(2) Approval of a proposition authorizing the district to become a taxing district need only be obtained once by a district in order for the district to have the taxing power granted by ORS 568.806. (3) An election called by the district for the purpose of obtaining approval to b…
ORS 568.808 Taxing district to file legal description and map. When a district is authorized to become a taxing district as provided in ORS 568.807, the governing body of the district shall file a legal description and accurate map of the district with the Department of Revenue and the county assessor. The description and map shall satisfy the requirements of ORS 308.225, and that section shall thereafter apply to the district. [1981 c.918 §4]
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WIND EROSION CONTROL
ORS 568.810 Purpose of ORS 568.810 to 568.890; types of wind erosion. (1) The purpose of ORS 568.810 to 568.890 is to effectuate the control of wind erosion by forming districts in which all land owners affected shall carry out wind erosion control measures whenever serious wind erosion conditions prevail
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(2) Two types of wind erosion conditions shall be recognized: (a) The actual movement of soil by wind to such a degree that the topsoil is being noticeably destroyed. (b) Conditions which will result in a noticeable movement of the topsoil by wind action.
ORS 568.820 Designation of areas by county court upon petition; description of boundaries. (1) The county court of any county east of the summit of the Cascade Mountains may designate areas as wind erosion districts when presented with a duly certified petition adequately describing the boundaries or area included in such districts and when the petition bears the signatures of two-thirds of the landowners or qualified representatives in the described district. Five such signatures shall be a minimum requirement
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(2) Boundaries described by metes and bounds or areas described by quarter sections shall be deemed adequately described.
ORS 568.830 Publication and posting of notices describing districts; when regulations are enforced. (1) The county court shall within 10 days after declaring a wind erosion district cause to be published an official notice adequately describing the district
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(2) Each notice shall be posted in a prominent place in the county courthouse and shall be published in one or more newspapers serving the district, for two consecutive issues if weekly or two times at an interval of one week if daily or semiweekly. (3) Ten days after the last pu…