Oregon Statutes - Chapter 196 - Columbia River Gorge; Ocean Resource Planning; Wetlands; Removal and Fill

196.105 Definitions for ORS 196.105 to 196.125.
As used in ORS 196.105 to 196.125: (1) �Commission� means the Columbia River Gorge Commission established under section 5 of the Columbia River Gorge National...
196.107 Legislative findings on management plan; effect of plan on land use decisions; decertification of plan.
(1) The Legislative Assembly, considering the recommendations of the Land Conservation and Development Commission, finds that the management plan adopted pursuant to the Columbia River...
196.109 Effect of revision of urban area boundaries within scenic area on management plan.
If the urban area boundaries of the Columbia River Gorge National Scenic Area are revised to include land that was once within the general management...
196.110 Land use regulation in Columbia River Gorge National Scenic Area.
(1) Notwithstanding any provision setting forth criteria or conditions for approval of a permit or requiring action by the county in ORS chapter 92, 195,...
196.115 Appeal from decision of Columbia River Gorge Commission or county.
(1) For purposes of judicial review, decisions of the Columbia River Gorge Commission shall be subject to review solely as provided in this section, except...
196.120 Exercise of eminent domain; property value.
Notwithstanding any other provision of law, in any proceeding by a state agency or local government to acquire property within the Columbia River Gorge National...
196.125 Buffer by regulation around Columbia River Gorge National Scenic Area prohibited.
(1) Notwithstanding any other provision of law, no state agency, special district or local government may exercise any regulatory power for the purpose of establishing...
196.150 Compact provisions.
The Legislative Assembly of the State of Oregon hereby ratifies the Columbia River Gorge Compact set forth below, and the provisions of such compact hereby...
196.155 Authority for state officers and agencies to carry out duties under compact.
The Governor, the Columbia River Gorge Commission and all state agencies and counties are hereby directed and provided authority to carry out their respective functions...
196.160 Membership on Columbia River Gorge Commission.
(1) Each member of the Columbia River Gorge Commission appointed by the Governor under ORS 196.150 shall be subject to Senate confirmation pursuant to section...
196.165 Status of commission employees for purposes of certain benefits.
(1) The Columbia River Gorge Commission established under ORS 196.150 may designate its employees as employees and the commission as an employer subject to the...
196.175 Pacific Ocean Resources Compact ratified.
(1) The Legislative Assembly of the State of Oregon hereby ratifies the Pacific Ocean Resources Compact as set forth in ORS 196.180. This compact shall...
196.180 Compact provisions.
The provisions of the Pacific Ocean Resources Compact are as follows: ______________________________________________________________________________ ARTICLE I Findings and Purpose A. The parties recognize: (1) The States of...
196.185 Representation on compact.
One member of the Senate appointed by the President of the Senate and one member of the House of Representatives appointed by the Speaker of...
196.405 Definitions for ORS 196.405 to 196.515.
As used in ORS 196.405 to 196.515, unless the context requires otherwise: (1) �Council� means the council established in ORS 196.438. (2) �Exclusive Economic Zone�...
196.407 Policy.
It is the policy of this state to: (1) Work with the States of Washington and California to explore the possibility of development of communication...
196.408 Duties of state agencies.
(1) State agencies shall, to the maximum extent practicable, coordinate development of coastal and ocean information systems with those in adjacent states. (2) State agencies...
196.410 Legislative findings for offshore oil and gas leasing.
The Legislative Assembly finds: (1) Oregon�s territorial sea encompasses all the rocks and islands of the Oregon National Wildlife Refuge, borders all beaches, headlands and...
196.415 Legislative findings for ocean resources management.
The Legislative Assembly finds that: (1) The Pacific Ocean and its many resources are of environmental, economic, aesthetic, recreational, social and historic importance to the...
196.420 Policy.
It is the policy of the State of Oregon to: (1) Conserve the long-term values, benefits and natural resources of the ocean both within the...
196.425 Oregon Ocean Resources Management Program.
To ensure the conservation and development of ocean resources affecting Oregon consistent with the purposes of ORS 196.405 to 196.515, a program of ocean resource...
196.435 Primary agency for certain federal purposes; restrictions.
(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...
196.438 Ocean Policy Advisory Council; members; term of office; quorum.
(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...
196.443 Duties of council.
(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...
196.445 [1987 c.576 §8; 1989 c.154 §1; 1989 c.904 §52; repealed by 1991 c.501 §18]
196.448 Member compensation; meetings.
(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...
196.450 [1987 c.576 §9; repealed by 1991 c.501 §18]
196.451 Technical advisory committee.
(1) To aid and advise the Ocean Policy Advisory Council in the performance of its functions, the council shall establish a permanent scientific and technical...
196.453 Project review panels; guidelines.
(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...
196.455 Coordination with federal programs.
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...
196.465 Compatibility of acknowledged comprehensive plans.
(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...
196.470 [1987 c.576 §12; repealed by 1991 c.501 §18]
196.471 Territorial Sea Plan review requirements.
(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...
196.475 [1987 c.576 §13; 1991 c.501 §15; repealed by 2003 c.744 §14]
196.485 State agency coordination requirements; incorporation of plans.
(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...
196.490 [1987 c.576 §18; repealed by 1991 c.501 §18]
196.495 [1987 c.576 §19; repealed by 1991 c.501 §18]
196.500 [1987 c.576 §20; repealed by 1991 c.501 §18]
196.505 [1987 c.576 §21; repealed by 1991 c.501 §18]
196.515 Short title.
ORS 196.405 to 196.485 shall be known as the Oregon Ocean Resources Management Act. [1987 c.576 §2]
196.575 Authorization to obtain federal oceanographic data; joint liaison program; use of data.
(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,...
196.580 Liaison program duties.
(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...
196.600 Definitions for ORS 196.600 to 196.655.
As used in ORS 196.600 to 196.655: (1) �Compensatory wetland mitigation� means activities conducted by a permittee or third party to create, restore or enhance...
196.605 Purpose.
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,...
196.610 Wetlands; acquisition and protection; powers of Director of Department of State Lands; fees.
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...
196.615 Program for wetlands mitigation banks; program standards and criteria; rules.
(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...
196.620 Resource values and credits for mitigation banks; use and withdrawal of credits; annual evaluation of system by director.
(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...
196.623 Watershed enhancement project as mitigation bank; sale of mitigation credit.
(1) The Department of State Lands may approve a watershed enhancement program and certify the project as a wetlands mitigation bank under ORS 196.600 to...
196.625 Fill and removal activities in mitigation banks; reports.
(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...
196.630 Rules.
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...
196.635 Director to consult and cooperate with other agencies and interested parties.
(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...
196.640 Oregon Wetlands Mitigation Bank Revolving Fund Account; rules.
(1) The Oregon Wetlands Mitigation Bank Revolving Fund Account is established, separate and distinct from the General Fund. All moneys received under ORS 196.645 shall...
196.643 Payments to comply with permit condition, authorization or resolution of violation.
A person who provides off-site compensatory wetland mitigation in order to comply with a condition imposed on a permit in accordance with ORS 196.825 (4),...
196.645 Sources of account.
The following moneys shall be paid into the Oregon Wetlands Mitigation Bank Revolving Fund Account: (1) Any moneys appropriated for that purpose by the Legislative...
196.650 Use of account.
The Department of State Lands may use the moneys in the Oregon Wetlands Mitigation Bank Revolving Fund Account for the following purposes: (1) For the...
196.655 Report on Oregon Wetlands Mitigation Bank Revolving Fund Account; contents.
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...
196.660 Effect of ORS 196.600 to 196.655.
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 wetlands. [Formerly...
196.665 Short title.
ORS 196.600 to 196.655 may be cited as the �Oregon Wetlands Mitigation Bank Act of 1987.� [Formerly 541.595] (Wetland Conservation Plans)
196.668 Legislative findings.
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...
196.670 [Formerly 541.605; renumbered 196.800 in 1989]
196.672 Policy.
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...
196.674 Statewide Wetlands Inventory; rules.
(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...
196.675 [Formerly 541.610; renumbered 196.805 in 1989]
196.676 Response to notices from local governments.
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...
196.678 Wetland conservation plans; contents; procedure for adopting.
(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...
196.680 [Formerly 541.615; renumbered 196.810 in 1989]
196.681 Duties of department; standards for approval of plan; conditions for approval; order.
(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...
196.682 Permits required for removal or fill; conditions on issuance of permit.
(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...
196.684 Amendment of plans; review of plans by department; review of orders by Land Use Board of Appeals.
(1) Local governments shall provide notice to the Department of State Lands of any proposed amendments to the land use plan and ordinances affecting lands...
196.685 [Formerly 541.620; renumbered 196.815 in 1989]
196.686 Acknowledged estuary management plans; review and approval; hearings; final order.
(1) For the purposes of this section, an acknowledged estuary management plan includes the comprehensive plan and land use regulations adopted by cities and counties...
196.687 Regulation of alteration or fill of artificially created wetlands.
(1) Notwithstanding the provisions of ORS 196.600 to 196.905, state or local governments shall not prohibit or restrict the alteration or fill of wetland areas...
196.688 Public information program.
(1) The Department of State Lands shall develop a public information program to educate permit applicants and the general public about: (a) Wetland functions and...
196.690 [Formerly 541.622; renumbered 196.820 in 1989]
196.692 Rules.
(1) The Department of State Lands shall adopt rules to carry out the provisions of ORS 196.668 to 196.692, 196.800, 196.810, 196.818, 196.825, 196.830, 196.850...
196.695 [Formerly 541.625; renumbered 196.825 in 1989]
196.700 [Formerly 541.626; renumbered 196.830 in 1989]
196.705 [Formerly 541.627; renumbered 196.835 in 1989]
196.710 [Formerly 541.630; renumbered 196.840 in 1989]
196.715 [Formerly 541.635; renumbered 196.845 in 1989]
196.718 [Enacted in lieu of 541.640; renumbered 196.850 in 1989]
196.720 [Formerly 541.645; renumbered 196.855 in 1989]
196.725 [Formerly 541.650; renumbered 196.860 in 1989]
196.730 [Formerly 541.655; renumbered 196.865 in 1989]
196.735 [Formerly 541.660; renumbered 196.870 in 1989]
196.740 [Formerly 541.662; renumbered 196.875 in 1989]
196.745 [Formerly 541.665; renumbered 196.880 in 1989]
196.750 [Formerly 541.670; renumbered 196.885 in 1989]
196.755 [Formerly 541.675; renumbered 196.890 in 1989]
196.760 [Formerly 541.680; renumbered 196.895 in 1989]
196.765 [Formerly 541.685; renumbered 196.900 in 1989]
196.770 [Formerly 541.695; renumbered 196.905 in 1989]
196.795 Streamlining process for administering state removal or fill permits; application for state program general permit; periodic reports to legislative committee.
(1) The Department of State Lands shall continue to pursue methods to streamline the process for administering permits for the removal of material from the...
196.800 Definitions for ORS 196.600 to 196.905.
As used in ORS 196.600 to 196.905, unless the context requires otherwise: (1) �Channel relocation� means a change in location of a channel in which...
196.805 Policy.
(1) The protection, conservation and best use of the water resources of this state are matters of the utmost public concern. Streams, lakes, bays, estuaries...
196.810 Permit required to remove material from bed or banks of waters; status of permit; exceptions; rules.
(1)(a) Except as otherwise specifically permitted under ORS 196.600 to 196.905, a person may not remove any material from the beds or banks of any...
196.815 Application for permit; fees; disposition of fees.
(1) A person who is required to have a permit to remove material from the bed or banks or fill any waters of this state...
196.817 Application for general permit; rules.
(1)(a) Notwithstanding ORS 196.810, the Department of State Lands may establish by rule a removal or fill general permit: (A) For processing applications on a...
196.818 Wetland delineation reports; review by Department of State Lands; fees.
(1) A person or governmental body must pay to the Department of State Lands a nonrefundable fee of $350 when submitting a wetland delineation report...
196.820 Prohibition against issuance of permits to fill Smith Lake or Bybee Lake; exception.
(1) Notwithstanding any provision of ORS 196.600 to 196.905 to the contrary, except as provided in subsection (2) of this section, the Director of the...
196.825 Criteria for issuance of permit; consultation with public bodies; hearing; appeal.
(1) The Director of the Department of State Lands shall issue a permit applied for under ORS 196.815 if the director determines that the project...
196.830 Estuarine resource replacement as condition for fill or removal from estuary; considerations; other permit conditions.
(1) As used in this section, �estuarine resource replacement� means the creation, restoration or enhancement of an estuarine area to maintain the functional characteristics and...
196.835 Hearing regarding issuance of permit; procedure; appeals; suspension of permit pending appeal.
Any person aggrieved or adversely affected by the grant of a permit by the Director of the Department of State Lands may file a written...
196.840 [Formerly 541.630 and then 196.710; repealed by 2005 c.729 §1]
196.845 Investigations and surveys.
In considering applications for permits, the Director of the Department of State Lands may cause investigations or surveys to be made of the location of...
196.850 Waiving permit requirement in certain cases; rules; notice; review; fees; disposition of fees.
(1) Notwithstanding ORS 196.810, the Department of State Lands may, by rule, grant general authorization for removal of material from the bed or banks of...
196.855 Noncomplying removal of material or filling as public nuisance.
The removal of material from the beds or banks or filling any of the waters of this state without a permit issued under ORS 196.825,...
196.860 Enforcement powers of director.
(1) If the Director of the Department of State Lands determines that material is being removed from or filling is occurring in any of the...
196.865 Revocation, suspension or refusal to renew permit.
If the Director of the Department of State Lands finds that a person holding a permit issued under ORS 196.825 is removing material from the...
196.870 Abatement proceedings; restraining order; injunction; public compensation.
(1) In addition to any enforcement action taken under ORS 196.860, civil proceedings to abate alleged public nuisances under ORS 196.855 may be instituted at...
196.875 Double and treble damages for destruction of public right of navigation, fishery or recreation; costs and attorney fees.
(1) If any person, through negligence, violates ORS 196.810, the Director of the Department of State Lands, in a proceeding brought pursuant to ORS 196.870,...
196.880 Fill under permit presumed not to affect public rights; public rights extinguished.
If the Director of the Department of State Lands issues a permit to fill pursuant to ORS 196.600 to 196.905, it shall be presumed that...
196.885 Annual report of fill and removal activities; contents of report.
The Director of the Department of State Lands shall submit an annual report to the State Land Board on the activities conducted under ORS 196.600...
196.890 Civil penalties.
Any person who violates any provision of ORS 196.600 to 196.905 or any rule, order or permit adopted or issued under ORS 196.600 to 196.905...
196.895 Imposition of civil penalties.
(1) Civil penalties under ORS 196.890 shall be imposed as provided in ORS 183.745. (2) The provisions of this section are in addition to and...
196.900 Schedule of civil penalties; rules; factors to be considered in imposing civil penalties.
(1) The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular...
196.905 Applicability.
(1) Nothing in ORS 196.600 to 196.905 applies to filling the beds of the waters of this state for the purpose of constructing, operating and...
196.910 Monitoring fill and removal activities; public education and information materials; periodic reports to legislative committee.
The Department of State Lands shall: (1) Monitor removal and fill activities, including but not limited to prospecting and placer mining, within designated essential indigenous...
196.990 Penalties.
Violation of ORS 196.810 is a misdemeanor. [Formerly subsection (4) of 541.990] Note: Operation of the amendments to 196.990 by section 7, chapter 516, Oregon...

Last modified: August 7, 2008