Oregon Statutes - Chapter 568 - Soil and Water Conservation; Water Quality Management

568.010 [Repealed by 1983 c.499 §1]
568.020 [Repealed by 1983 c.499 §1]
568.030 [Repealed by 1983 c.499 §1]
568.040 [Repealed by 1983 c.499 §1]
568.050 [Repealed by 1983 c.499 §1]
568.060 [Repealed by 1983 c.499 §1]
568.070 [Repealed by 1983 c.499 §1]
568.080 [Repealed by 1983 c.499 §1]
568.090 [Repealed by 1983 c.499 §1]
568.100 [Repealed by 1983 c.499 §1]
568.110 [Repealed by 1983 c.499 §1]
568.120 [Amended by 1969 c.314 §66; repealed by 1983 c.499 §1]
568.130 [Repealed by 1983 c.499 §1]
568.210 Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933.
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...
568.220 [Amended by 1961 c.640 §2; repealed by 1971 c.147 §3]
568.225 Policy.
(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...
568.230 [Amended by 1955 c.142 §5; 1963 c.90 §2; 1969 c.610 §2; repealed by 1981 c.92 §4]
568.240 [Amended by 1953 c.268 §2; 1955 c.142 §6; 1969 c.610 §4; 1971 c.133 §1; 1973 c.792 §26; repealed by 1981 c.92 §4]
568.250 [Amended by 1955 c.142 §7; repealed by 1981 c.92 §4]
568.260 [Amended by 1969 c.610 §5; repealed by 1981 c.92 §4]
568.270 [Amended by 1953 c.268 §2; 1955 c.142 §8; 1969 c.610 §6; 1971 c.133 §2; repealed by 1981 c.92 §4]
568.280 [Amended by 1969 c.135 §2; 1969 c.314 §67; 1969 c.610 §§7,8; repealed by 1981 c.92 §4]
568.290 [Amended by 1957 c.603 §1; 1959 c.575 §1; 1961 c.641 §1; 1963 c.377 §1; repealed by 1981 c.92 §4]
568.300 Petition for formation of district; contents; consolidation of petitions.
(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...
568.310 Notice of hearing; questions considered.
Within 60 days after the petition has been filed with the State Department of Agriculture, it shall cause due notice to be given of a...
568.320 Owner and interested parties have right to be heard; subsequent notice and hearings.
(1) All owners of land within the limits of the territory described in the petition and of lands within any territory considered for addition to...
568.330 Determination of need for district; factors considered in determination; territory need not be contiguous.
(1) After the hearing, if the State Department of Agriculture determines upon the facts presented at the hearing and upon such other relevant facts and...
568.340 Determination of no need for district; subsequent petitions may be filed.
(1) If the State Department of Agriculture determines after the hearing and after due consideration of the relevant facts, that there is no need for...
568.350 Referendum; purpose.
(1) After the State Department of Agriculture has made and recorded a determination that there is need, in the interest of the general welfare, for...
568.360 Referendum ballot; contents.
The question shall be submitted by ballots upon which the words �For creation of a soil and water conservation district of the lands below described...
568.370 Eligible electors.
(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...
568.380 Department to pay expenses and supervise hearings and referenda; informalities in referendum.
(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...
568.390 Referendum results; majority required for creation of district.
The State Department of Agriculture shall publish the results of the referendum. Unless the creation of the district is favored by a majority of the...
568.400 Appointment of first directors of district.
If the State Department of Agriculture determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall...
568.410 Formation of district.
A soil and water conservation district may be formed in the following manner: (1) The three candidates referred to in ORS 568.540 shall present to...
568.420 Certificate of organization by Secretary of State; boundaries of district.
(1) The Secretary of State shall make and issue to the three candidates referred to in ORS 568.540 a certificate, under the seal of the...
568.430 Petitions for inclusion or withdrawal of territory; form; eligible electors.
(1) Except as otherwise provided in ORS 568.445, petitions for including additional territory within an existing district or for withdrawing territory already within a district...
568.435 Boundary change notice for taxation purposes.
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...
568.440 District legally established; certificate as evidence.
In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of the district, the district...
568.445 Petitions for inclusion of territory wholly within another district; approval or disapproval by directors and department.
(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...
568.450 Procedure for consolidating districts.
(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...
568.460 Referendum; eligible electors; majority required.
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...
568.470 Effect of consolidation on several districts.
In case of consolidation of districts, the corporate existence, and terms of office of the officers, of the old districts shall expire upon issuance and...
568.480 Petition and referendum for discontinuance of district.
(1) At any time after five years after organization of a district, any 25 or more landowners or the owners of more than 50 percent...
568.490 Directors to wind up affairs and dispose of property; application and certificate to Secretary of State.
(1) The State Department of Agriculture shall publish the results of the referendum and shall record and certify such determination to the directors of the...
568.500 Certificate of dissolution; effect.
Upon issuance of the certificate of dissolution, all ordinances and regulations theretofore adopted and in force within such districts shall be of no further force...
568.510 Proceedings for discontinuance limited.
The State Department of Agriculture shall not entertain petitions for discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to...
568.515 Termination of inactive district�s existence.
At any time after five years after organization of a district and not more than once each year, the State Department of Agriculture may make...
568.520 Petitions nominating directors; regular elections; duties of department.
(1) Within 30 days after the hearings on creation or consolidation of districts as provided in ORS 568.300 and 568.450, but not later than a...
568.530 Ballots; write-in votes; unfilled positions.
(1) The names of all nominees for director on behalf of whom such nominating petitions have been filed with the State Department of Agriculture within...
568.540 Election of directors.
The three candidates nominated under ORS 568.520 who receive the largest number, respectively, of the votes cast in the election shall be elected directors for...
568.542 Payment of expenses for director election from county funds.
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...
568.545 Procedure for selection of directors of consolidated districts; selection of officers.
(1) Notwithstanding ORS 568.470, when districts are consolidated, all directors continue to serve until directors for the consolidated district are elected as provided in this...
568.550 General powers of directors; erosion control covenants; interagency cooperation.
(1) The directors of a soil and water conservation district have the following powers subject to the written approval of the State Department of Agriculture:...
568.552 Power of directors to manage and control water resources and projects; authority of Water Resources Commission.
(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...
568.554 District to submit program and work plans for department review.
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...
568.555 Name of district may be changed.
Upon approval by the State Department of Agriculture, the directors of a district may submit to the Secretary of State a proposed new name for...
568.560 Number of directors; director qualifications; officers; election; terms; vacancies.
(1) The local governing body of the district shall consist of not fewer than five nor more than seven directors who are elected or appointed...
568.565 Procedures for changing number of directors.
(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...
568.570 Majority constitutes a quorum.
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...
568.580 Annual meeting.
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...
568.590 Notice of annual meeting.
Fifteen days before the annual meeting, the directors shall cause notices to be posted in three public places in the district and mailed to each...
568.600 Legal counsel; delegation of powers; assistance to department.
(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...
568.610 Records; audits.
The directors shall: (1) Provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued...
568.620 Consultation with county or municipal representatives.
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...
568.630 Directors may formulate land-use regulations; public meetings.
The directors of any district have authority to formulate regulations, subject to the written approval of the State Department of Agriculture, governing the use of...
568.640 Referendum on land-use regulations; notice; form of regulations; proposed regulations available for inspection.
(1) The directors shall not have authority to enact such land-use regulations into law until after they have caused due notice to be given of...
568.650 Contents of referendum ballot; referendum governed by directors; landowners eligible to vote.
(1) The question shall be submitted by ballots, upon which the words �For approval of proposed ordinance No. __prescribing land-use regulations for conservation of soil...
568.660 Votes necessary for approval; effect of regulations when adopted.
(1) The directors do not have authority to enact such proposed ordinance into law unless at least two-thirds of all votes cast in the referendum...
568.670 Landowner may petition for amendment or repeal; procedure; referenda limited.
(1) Any owner of land to which an ordinance adopted by the directors under ORS 568.630 to 568.690 applies may at any time file a...
568.680 Scope of regulations; approval by department.
(1) All regulations to be adopted by the directors under ORS 568.630 to 568.690 must be approved in writing by the State Department of Agriculture....
568.690 Regulations to be uniform; copies to be available to landowners.
(1) The regulations shall be uniform throughout the territory comprised within the district or the part thereof to which they apply except that the directors...
568.700 Petition to circuit court for enforcement of regulations; contents of petition.
Where the directors of any district find that any of the provisions of land-use regulations prescribed in an ordinance adopted in accordance with ORS 568.630...
568.710 Hearing and decree; court may appoint referee; joinder of owner and occupant.
(1) Upon the presentation of the petition, the court shall cause process to be issued against the defendant and shall hear the case. If it...
568.720 Court retains jurisdiction until work completed; statement of expenses; judgment.
The court shall retain jurisdiction of the case until after the work has been completed. Upon completion of the work pursuant to the court order...
568.730 Officials may enter private lands.
The directors or state or federal officials have authority to go upon any lands within the district after notifying the owner or operator for the...
568.740 Board of adjustment established for each district; membership; appointment; term; disqualification.
(1) Where the directors of any district adopt an ordinance prescribing land-use regulations in accordance with the provisions of ORS 568.630 to 568.690, they shall...
568.750 Vacancies in board of adjustment; compensation of members; administrative expenses.
(1) Vacancies in the board of adjustment shall be filled in the same manner as original appointments and shall be for the unexpired term of...
568.760 Rules of board of adjustment; meetings.
(1) The board of adjustment shall adopt rules to govern its procedures, which rules shall be in accordance with the provisions of ORS 568.210 to...
568.770 Petition for relief from regulations; hearing; procedure; board may order variance of regulations; appeal.
(1) Any landowner or occupier may file a petition with the chairperson of the board of adjustment alleging that there are great practical difficulties or...
568.780 Certain public agencies to be deemed owners.
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...
568.790 County funds for personnel and other uses; duties of county extension agent.
(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...
568.800 [1965 c.27 §§2,3,4; repealed by 1977 c.146 §2]
568.801 Stream control and management projects; application; designation and implementation; rules.
(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...
568.803 General obligation bonds; refunding bonds; special taxes.
(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...
568.805 Special assessments; improvement bonds; objections by landowners.
(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...
568.806 Ad valorem tax; budget; collection.
(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...
568.807 Electors authorizing taxation; election date.
(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...
568.808 Taxing district to file legal description and map.
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...
568.810 Purpose of ORS 568.810 to 568.890; types of wind erosion.
(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...
568.820 Designation of areas by county court upon petition; description of boundaries.
(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...
568.830 Publication and posting of notices describing districts; when regulations are enforced.
(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....
568.840 Election of advisory board; meetings; members; functions.
(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...
568.850 Wind erosion inspector; appointment; duties; appeal from decision; compensation; expenses.
(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...
568.860 Inspector may enter lands in district; service of notice on owner or occupant.
(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...
568.870 County court may authorize inspector to control erosion; expenses of control.
(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...
568.880 Tax levy for wind erosion control.
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...
568.890 District may be dissolved; disposition of district funds; change of district boundaries.
(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...
568.900 Definitions for ORS 568.900 to 568.933.
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...
568.903 �Landowner� defined.
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]
568.906 Plan implementation to involve local agencies.
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...
568.909 Boundaries for land subject to water quality plans; implementation of plan and rules.
(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)...
568.912 Management plan rules; required actions under rules; prohibiting specific practices; landowner appeals.
(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...
568.915 Entry upon land; purpose; consultation with Department of Justice; notice to landowners.
(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...
568.918 Notice to landowner of failure to perform requirements.
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...
568.921 Fees from landowners.
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...
568.924 Interagency agreements.
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...
568.927 Law inapplicable to certain forest practices.
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]
568.930 Agricultural activities subject to plan requirements; consultation with Environmental Quality Commission; review and revision of plans.
(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...
568.933 Civil penalties; availability; reductions.
(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...

Last modified: August 7, 2008