Title 46, Agriculture

As used in ORS 568.210 to 568.808 and 568.900 to 568.933, unless the context requires otherwise: (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 …

(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 n…

(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 distri…

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: (1) Upon the question of the desirability and necessity, in the interest of the general welfare, of the creat…

(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 rig…

(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 wa…

(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 di…

(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 publ…

(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. (2) For the purpose of the referendum, the county clerk shall assist the department in obtaining a list of electors…

(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 re…

(1) If a referendum regarding the formation of a district is required under ORS 568.351, the State Department of Agriculture shall: (a) Prepare appropriate ballots and administer the referendum election process; or (b) Enter into an agreement with county officials for administrat…

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 …

A soil and water conservation district may be formed in the following manner: (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 o…

(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. (2)…

(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 p…

(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 p…

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] Note: 568.435 was added to and made a part of 568.210 to 568.808 by legislative action b…

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.…

(1) Proceedings for inclusion within a district territory adjacent thereto and located wholly within another district may be initiated by: (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 …

(1) Proceedings to consolidate two or more soil and water conservation districts may be initiated by: (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…

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 …

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 …

(1) The dissolution of a soil and water conservation district may be initiated by any of the following methods: (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…

(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…

(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 dist…

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]

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 af…

(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. Nomina…

(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 e…

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] Note: 568…

(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 th…

(1) The board of directors of a soil and water conservation district has the following powers: (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 conse…

(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…

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]

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 di…

(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…

(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 t…

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]

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.

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 …

(1) The directors may call upon the Attorney General for such legal services as they may require, or may employ their own counsel. (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 m…

The board of directors for a soil and water conservation district shall: (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…

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 th…

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 …

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 oth…

(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 employ…

(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 pr…

(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 elec…

(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 pled…

(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 app…