Title 19, Miscellaneous Matters Related to Government and Public Affairs

(1) The Department of Land Conservation and Development is designated the primary agency for coordination of ocean resources planning. The department is designated the State Coastal Management Agency for purposes of carrying out and responding to the Coastal Zone Management Act o…

(1) The Governor shall establish an Ocean Policy Advisory Council that is staffed by the State Department of Fish and Wildlife, the Department of Land Conservation and Development and other departments as the Governor deems necessary. The council shall be composed of: (a) The Gov…

(1) The purposes of the Ocean Policy Advisory Council are to: (a) Periodically review the Territorial Sea Plan and submit recommendations for the plan to state agencies represented on the council. The council shall recommend deletions to the Territorial Sea Plan of all site desig…

(1) A member of the Ocean Policy Advisory Council is entitled to compensation and expenses as provided in ORS 292.495. (2) The council shall meet at least once every six months at a place, day and hour determined by the council. The council also shall meet at other times and plac…

(1) The Ocean Policy Advisory Council shall establish a permanent scientific and technical advisory committee chaired by the director of the Sea Grant College program or other similarly qualified member of the council. The committee shall: (a) Make recommendations to the council …

(1) The Ocean Policy Advisory Council may establish project review panels to address and coordinate the interests of state, federal and local governments in specific development proposals. (2) The council may adopt guidelines to establish criteria to create review panels and dete…

To insure that the Oregon Ocean Resources Management Plan and Territorial Sea Plan are coordinated with federal agency programs for coastal and ocean resources, the Ocean Policy Advisory Council may invite federal agencies with responsibility for the study and management of ocean…

(1) The Oregon Ocean Resources Management Plan and Territorial Sea Plan, when adopted pursuant to ORS 196.471, shall be compatible with acknowledged comprehensive plans of adjacent coastal counties and cities. (2) To insure that the plan is compatible with the comprehensive plans…

(1) The Land Conservation and Development Commission shall review the Territorial Sea Plan and any subsequent amendments recommended by the Ocean Policy Advisory Council to either the Territorial Sea Plan or the Oregon Ocean Resources Management Plan and make findings that the pl…

(1) If a state agency incorporates the Oregon Ocean Resources Management Plan and Territorial Sea Plan by reference in its coordination program and, upon a finding by the Land Conservation and Development Commission that the agency has amended its rules, procedures and standards …

ORS 196.405 to 196.515 shall be known as the Oregon Ocean Resources Management Act. [1987 c.576 §2; 2025 c.2 §8] (Marine Reserves)

The State Department of Fish and Wildlife, State Fish and Wildlife Commission, State Land Board and relevant state agencies shall, consistent with existing statutory authority, implement: (1) The November 29, 2008, recommendations from the Ocean Policy Advisory Council on marine …

In implementing the activities described in ORS 196.540 pursuant to ORS 196.545, the State Department of Fish and Wildlife shall use local resources where feasible and practical. [2012 c.27 §3; 2024 c.38 §3] Note: See note under 196.540.

(1) The State Department of Fish and Wildlife, in consultation with members from the scientific and technical advisory committee established under ORS 196.451, other relevant marine and fishery scientists, relevant state agencies, ocean users and coastal communities shall impleme…

(1) The State Department of Fish and Wildlife may accept only gifts, grants or contributions from any source for deposit in the State Wildlife Fund established in ORS 496.300 that are consistent with the department’s work plan specified in ORS 196.545. (2) Any designation of mari…

Designation of marine reserves requires periodic reporting by the State Department of Fish and Wildlife in consultation with other relevant state agencies on the accomplishment of the goals described in ORS 196.545 (2)(e). The State Department of Fish and Wildlife and the State L…

(1) The Oregon Ocean Science Trust is established, consisting of seven members appointed as follows: (a) The President of the Senate shall appoint one member from among members of the Senate. (b) The Speaker of the House of Representatives shall appoint one member from among memb…

The Oregon Ocean Science Trust shall: (1) Promote peer-reviewed, competitive research and monitoring that leads to increased knowledge and understanding of Oregon’s ocean and coastal resources; (2) Promote innovative, collaborative, community-oriented, multi-institutional approac…

(1) The Oregon Ocean Science Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Ocean Science Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Ocean Science Trust …

(1) Moneys deposited in the Oregon Ocean Science Fund may be used to reimburse: (a) The State Treasurer for the costs of administering the fund as provided in ORS 196.567. (b) The Department of State Lands for the costs of administering the Oregon Ocean Science Trust as provided …

The Oregon Ocean Science Trust shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, by March 31 of each even-numbered year, describing the progress of the trust in carrying out its duties specified in ORS 196.566. The report may include releva…

(1) In order to further the strategic priorities of the Oregon Ocean Science Trust, the executive director of the Oregon Ocean Science Trust may enter into an agreement with a private, nonprofit organization under which the organization shall solicit gifts, grants and donations i…

The Legislative Assembly finds and declares that ocean acidification and hypoxia severely endanger the state’s commercially and culturally significant ocean resources. The Legislative Assembly therefore declares it to be the policy of the state to ensure a coordinated, effective …

(1) The Oregon Coordinating Council on Ocean Acidification and Hypoxia is established, consisting of 13 members as follows: (a) The Governor or the Governor’s designee; (b) The director of an initiative for integrative marine studies at Oregon State University or the director’s d…

(1) The Oregon Coordinating Council on Ocean Acidification and Hypoxia shall: (a) Review and utilize relevant, scientifically supported information, including the recommendations of the West Coast Ocean Acidification and Hypoxia Science Panel and other available information, repo…

(1) The Department of Land Conservation and Development is authorized to participate on behalf of the State of Oregon with the States of Washington, California, Alaska and Hawaii in a joint liaison program with the Center for Ocean Analysis and Prediction of the National Oceanic …

(1) The liaison program shall: (a) Assist state and local governments to become fully aware of oceanographic data and products available from the federal government and in particular from the Center for Ocean Analysis and Prediction. (b) Assist the Center for Ocean Analysis and P…

Any person authorized by a public body, as defined in ORS 174.109, to develop energy resources in Oregon’s territorial sea, shall share any geological and geophysical data, including bathymetry, backscatter, seismic reflection and sample data, generated by the person regarding Or…

As used in ORS 196.600 to 196.655: (1) “Compensatory mitigation” means activities conducted by a permittee or third party to create, restore, enhance or preserve the functions and values of the water resources of this state to compensate for the removal-fill related adverse effec…

It is the purpose of ORS 196.600 to 196.655 to: (1) Promote, in concert with other federal and state programs as well as interested parties, the maintenance and conservation of the water resources of this state; (2) Improve cooperative efforts among private, nonprofit and public …

Subject to approval by the State Land Board, the Director of the Department of State Lands may: (1) Charge a fee for purchase of credits in the mitigation bank as provided by ORS 196.600 to 196.655. (2) Acquire or accept title to lands suitable for use in mitigation banks or acti…

(1) In accordance with the provisions of ORS 196.600 to 196.655, upon the approval of the State Land Board, the Director of the Department of State Lands shall initiate and implement a program for mitigation banks. The director shall encourage the development of and the expeditio…

(1) For each mitigation bank, the Department of State Lands shall establish a system of resource values and credits. (2) A credit from a mitigation bank may be withdrawn for a condition imposed on a permit in accordance with ORS 196.825 (5), for any other authorization issued in …

(1) The Department of State Lands may approve a watershed enhancement program and certify the project as a mitigation bank under ORS 196.600 to 196.655 if the watershed enhancement program complies with the rules adopted by the department under ORS 196.615 for certification of a …

(1) The Director of the Department of State Lands shall maintain a record of fill and removal activities and actions for each mitigation bank implemented and conduct monitoring of mitigation banks with moneys from the Oregon Removal-Fill Mitigation Fund. (2) The director shall pr…

Subject to the approval of the State Land Board, the Director of the Department of State Lands shall adopt rules according to the provisions of ORS chapter 183 to carry out the provisions of ORS 196.600 to 196.655. [Formerly 541.570]

(1) The provisions of ORS 196.600 to 196.655 shall be carried out by the Director of the Department of State Lands. The Department of State Lands shall solicit, but not be bound by, comments from the State Department of Fish and Wildlife, Department of Transportation, Department …

(1) The Oregon Removal-Fill Mitigation Fund is established, separate and distinct from the General Fund. All moneys received under ORS 196.645 shall be paid into the State Treasury and credited to the Oregon Removal-Fill Mitigation Fund. All moneys in the fund are appropriated co…

(1) A person who provides off-site compensatory mitigation in order to comply with a condition imposed on a permit in accordance with ORS 196.825 (5), an authorization issued in accordance with ORS 196.800 to 196.921 or a resolution of a violation of ORS 196.800 to 196.921 may ma…

The following moneys shall be paid into the Oregon Removal-Fill Mitigation Fund: (1) Any moneys appropriated for that purpose by the Legislative Assembly; (2) Moneys received from conditions imposed on a permit, authorizations or resolutions of violations, except civil penalties,…

The Department of State Lands may use the moneys in the Oregon Removal-Fill Mitigation Fund for the following purposes: (1) For the voluntary acquisition of land or interests therein suitable for use in mitigation banks. (2) To pay for specific projects to create, restore, enhanc…

As part of the report to the State Land Board required under ORS 196.885, the Director of the Department of State Lands shall prepare an annual report on the Oregon Removal-Fill Mitigation Fund. The report shall include, but need not be limited to: (1) The financial status of the…

ORS 196.600 to 196.655 are intended to be supplementary to, and are not intended to abrogate, any state or federal law relating to the waters of this state. [Formerly 541.590; 1999 c.59 §51; 2009 c.343 §14]

ORS 196.600 to 196.655 may be cited as the “Oregon Removal-Fill Mitigation Fund Act.” [Formerly 541.595; 2009 c.343 §15] WETLAND CONSERVATION PLANS

The Legislative Assembly finds that: (1) Wetlands provide a natural means of flood and storm damage protection through the absorption and storage of water during high runoff periods, thereby reducing flood crests and preventing loss of life and property; (2) Wetlands provide esse…

In addition to the policy described in ORS 196.805, it is the policy of the State of Oregon to: (1) Promote the protection, conservation and best use of wetland resources, their functions and values through the integration and close coordination of statewide planning goals, local…

(1) The Department of State Lands shall compile and maintain a comprehensive Statewide Wetlands Inventory. (2) In compiling the Statewide Wetlands Inventory, the department shall develop, by rule, a system for uniform wetland identification, delineation and comprehensive mapping.…

The Department of State Lands shall respond to the notice received from local governments pursuant to ORS 215.418 (1) and 227.350 (1) within 30 days of receipt of the notice. The response shall state whether a permit is or in the future will be required or whether a permit has be…

(1) Any city or county may develop and submit to the Department of State Lands a wetland conservation plan for review pursuant to the provisions of ORS 196.678 to 196.684. (2) A wetland conservation plan shall include the following elements: (a) A description and maps of the area…

(1) In accordance with rules adopted pursuant to this chapter, the Department of State Lands shall: (a) Review any proposed wetland conservation plan or proposed amendment to an approved wetland conservation plan against the standards in this section; (b) Prepare a proposed order…