(1) Except where otherwise provided by the order approving the plan, individual permit applications shall be required for removal or fill, or both, in areas subject to an approved wetland conservation plan. If individual permit applications are to be reviewed under the authority of the Director of the Department of State Lands, then application fees and review procedures shall be in accordance with ORS 196.815, 196.825 and 196.835. In lieu of the substantive standards for permit issuance in ORS 196.825 (2), the Department of State Lands shall issue a permit if the removal or fill, or both, is consistent with the wetland conservation plan or can be conditioned to be consistent with the plan. The department shall condition any such permit as necessary to ensure that the project:
(a) Is properly designed or configured to minimize the need for alterations to waters of this state;
(b) Is the minimum size necessary to reasonably provide for the proposed use;
(c) Complies with applicable provisions of the acknowledged comprehensive plan and land use regulations for the area;
(d) Is designed to minimize impacts from implementing the project; and
(e) Is conditioned to ensure wetland creation, restoration or enhancement measures are implemented to fully replace impacted resources.
(2) In any order approving a plan which authorizes any fill or removal or both, without the necessity of subsequently obtaining an individual permit, the director shall condition such approval as necessary to ensure that the project complies with the conditions of subsection (1) of this section and clearly delineates the wetland area in which fill or removal, or both, is to occur. [1989 c.837 §12; 2007 c.849 §12]
Section: Previous 196.672 196.674 196.675 196.676 196.678 196.680 196.681 196.682 196.684 196.685 196.686 196.687 196.688 196.690 196.692 NextLast modified: August 7, 2008