2011 ORS § 196.623¹
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 mitigation bank under ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.655 (Report on Oregon Removal-Fill Mitigation Fund) if the watershed enhancement program complies with the rules adopted by the department under ORS 196.615 (Program for mitigation banks) for certification of a program as a mitigation bank.

(2) A person, state agency, federal agency, federally recognized Indian tribe, watershed council or political subdivision in this state that owns land upon which is located a watershed enhancement program that qualifies as a mitigation bank under subsection (1) of this section may sell mitigation credit from the mitigation bank subject to ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.655 (Report on Oregon Removal-Fill Mitigation Fund) and the rules of the Department of State Lands adopted under ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.655 (Report on Oregon Removal-Fill Mitigation Fund). [1997 c.444 §2; 2009 c.343 §6]