Title 46, Agriculture

(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…

(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 …

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 t…

(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. (2) Two types of wind erosion conditions s…

(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 signa…

(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. (2) Each notice shall be posted in a prominent place in the county courthouse and shall be published in one or more newsp…

(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 conveni…

(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: (a) Determine when serious wind erosion conditions prevail. (b) Serve notices on landow…

(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 …

(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…

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…

(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. (2) All such changes sha…

As used in ORS 568.900 to 568.933: (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 agricul…

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]

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. [1…

(1) The State Department of Agriculture may describe the boundaries of agricultural and rural lands that are subject to a water quality management plan: (a) Due to a determination by the Environmental Quality Commission to establish a Total Maximum Daily Load for a body of water …

(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…

(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: (a) Those actions that may be required…

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 a…

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 t…

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 568.93…

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]

(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 Com…

(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 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-…

(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: (a) Support the acquisition and maintenance of equipment necessary for the collection of …

(1) The Oregon State University Extension Service and the Oregon State University Agricultural Experiment Station shall jointly: (a) Prepare an annual report describing climate-related impacts on agricultural producers, including, but not limited to, flood and drought impacts, an…

(1) As used in this section, “local workforce development board” and “workforce program” have the meanings given those terms in ORS 660.300. (2) The Oregon Department of Administrative Services shall provide grants to soil and water conservation districts organized under ORS 568.…

(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. (2) Monitoring must be conducted for a period of at least five years and must inc…

The Oregon Department of Administrative Services shall provide a grant to the Central Oregon Intergovernmental Council to: (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 …

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…

As used in ORS 569.175 to 569.195: (1) “Noxious weed” means a terrestrial, aquatic or marine plant designated by the State Weed Board under ORS 569.615 as among those representing the greatest public menace and as a top priority for action by weed control programs. (2) “Person” m…

In recognition of the imminent and continuous threat to natural resources, watershed health, livestock, wildlife, land and agricultural products of this state, and in recognition of the widespread infestations and potential infestations of noxious weeds throughout this state, nox…

The State Department of Agriculture shall administer and enforce ORS 569.175 to 569.195. The department may: (1) Adopt rules to carry out ORS 569.175 to 569.195. In adopting the rules the department shall consider: (a) The effect on the immediate environment of the use of chemica…

Oregon State University, acting by itself or in cooperation with the State Department of Agriculture, may: (1) Collect, publish, disseminate and furnish information, statistics and advice concerning the research, experimentation, control and eradication of noxious weeds and the l…

(1) No person shall fail to cooperate with the State Department of Agriculture in the administration or enforcement of ORS 569.175 to 569.195, or rules promulgated pursuant thereto, nor otherwise violate any provision of ORS 569.175 to 569.195. (2) In addition to any other remedy…