2015 ORS 196.684¹
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 subject to a wetland conservation plan approved under this section.

(2) Amendments to plan policies, maps and implementing ordinances by the local government within an approved wetland conservation plan shall be reviewed by the department against the requirements of this section. These provisions do not exempt local governments from the provisions of ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.625 (Acknowledgment of comprehensive plan or land use regulation changes).

(3) The Director of the Department of State Lands shall provide notice and the opportunity for public comment and hearing as defined by rule on the matter of including the amendment in the wetland conservation plan.

(4) If the director finds that the proposed local government amendment to acknowledged comprehensive plan and land use regulations meets the requirements of ORS 196.681 (Duties of department), the director shall approve the plan by order, and notify the local government within 10 days of the completion of the public review provided in subsection (3) of this section.

(5) If the amendments to acknowledged comprehensive plan and land use regulations adopted by the local government are determined not to comply with the requirements of ORS 196.668 (Legislative findings) to 196.692 (Rules), 196.800 (Definitions for ORS 196.600 to 196.905), 196.810 (Permit required to remove material from bed or banks of waters), 196.825 (Criteria for issuance of permit), 196.830 (Estuarine resource replacement as condition for fill or removal from estuary), 196.850 (Waiving permit requirement in certain cases) to 196.860 (Enforcement powers of director), 196.885 (Annual report of fill and removal activities), 196.905 (Applicability), 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), 197.279 (Approved wetland conservation plans comply with goals), 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties), 215.284 (Dwelling not in conjunction with farm use), 215.418 (Approval of development on wetlands) and 227.350 (Notice of proposed wetlands development), the director shall revoke the approval order or amend the order to insure compliance with the requirements of ORS 196.668 (Legislative findings) to 196.692 (Rules), 196.800 (Definitions for ORS 196.600 to 196.905), 196.810 (Permit required to remove material from bed or banks of waters), 196.825 (Criteria for issuance of permit), 196.830 (Estuarine resource replacement as condition for fill or removal from estuary), 196.850 (Waiving permit requirement in certain cases) to 196.860 (Enforcement powers of director), 196.885 (Annual report of fill and removal activities), 196.905 (Applicability), 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), 197.279 (Approved wetland conservation plans comply with goals), 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties), 215.284 (Dwelling not in conjunction with farm use), 215.418 (Approval of development on wetlands) and 227.350 (Notice of proposed wetlands development).

(6) The department shall review each approved wetland conservation plan every five years. After such review the director shall either modify, reissue or rescind the order approving the plan.

(7) In conducting the five-year review of an approved wetland conservation plan, the director shall provide notice and the opportunity for public comment and hearing on whether:

(a) There has been a substantial change in circumstances that would affect the wetland resources subject to the plan and would adversely affect the compliance of the plan with the standards in ORS 196.681 (Duties of department);

(b) Changes have been made in applicable state law, statewide land use planning goals, federal law or agency rules that require the plan to be changed; and

(c) In the director’s evaluation, the plan as implemented over the preceding five years meets the goals established in the plan.

(8) Wetland conservation plans approved by the Director of the Department of State Lands pursuant to ORS 196.668 (Legislative findings) to 196.692 (Rules) shall be deemed to comply with the requirements of any statewide planning goals relating to wetlands, other than estuarine wetlands, for those areas, uses and activities which are regulated by the plan.

(9) An order by the director regarding approval, amendment or review of a wetland conservation plan shall be reviewable by the Land Use Board of Appeals as a land use decision of a state agency. For the purpose of such review, the director’s order shall not become final until the local government adopts its wetland conservation plan or plan amendment. The Land Use Board of Appeals shall consolidate for review appeals of the director’s order and the local government adoption. The Land Use Board of Appeals shall review such order for compliance with the requirements of ORS 196.668 (Legislative findings) to 196.692 (Rules), 196.800 (Definitions for ORS 196.600 to 196.905), 196.810 (Permit required to remove material from bed or banks of waters), 196.825 (Criteria for issuance of permit), 196.830 (Estuarine resource replacement as condition for fill or removal from estuary), 196.850 (Waiving permit requirement in certain cases) to 196.860 (Enforcement powers of director), 196.885 (Annual report of fill and removal activities), 196.905 (Applicability), 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), 197.279 (Approved wetland conservation plans comply with goals), 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties), 215.284 (Dwelling not in conjunction with farm use), 215.418 (Approval of development on wetlands) and 227.350 (Notice of proposed wetlands development).

(10) Nothing in this section shall be construed to require a contested case proceeding regarding approval, amendment or review of a wetland conservation plan.

(11) Nothing in this section shall be construed to affect the evaluation of a permit application in areas that do not have a wetland conservation plan.

(12) Upon a finding by the director, after a public hearing, that an affected local government is not enforcing the comprehensive plan provisions or land use regulations set forth in the conditions of the order, as specified in ORS 196.681 (Duties of department) (5), and that such lack of enforcement has resulted or would result in adverse impacts to wetlands, the director shall modify, suspend or revoke approval of the wetland conservation plan. [1989 c.837 §13]


1 Legislative Counsel Committee, CHAPTER 196—Columbia River Gorge; Ocean Resource Planning; Wetlands; Removal and Fill, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors196.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.