2017 ORS 196.770¹
(Title not available: statute has been repealed or renumbered.)

[Formerly 541.695; renumbered 196.905 (Applicability) in 1989]

REMOVAL OF MATERIAL; FILLING

Note: Section 2, chapter 45, Oregon Laws 1989, provides:

Sec. 2. Provision relating to fills depending on EPA approval. (1) Notwithstanding any other provision of ORS 541.605 to 541.685 [renumbered 196.800 (Definitions for ORS 196.600 to 196.905) to 196.900 (Schedule of civil penalties) in 1989]:

(a) As used in ORS 541.605 to 541.685 [renumbered 196.800 (Definitions for ORS 196.600 to 196.905) to 196.900 (Schedule of civil penalties) in 1989], “fill” means the deposit by artificial means of material in any waters of this state.

(b) In the manner provided by ORS 541.640 [196.850 (Waiving permit requirement in certain cases)], the director may provide a general exception from the application of ORS 541.605 to 541.685 [renumbered 196.800 (Definitions for ORS 196.600 to 196.905) to 196.900 (Schedule of civil penalties) in 1989] for fills that involve less than 50 cubic yards of material and will not result in substantial harm to the water resources of this state.

(2) This section does not become operative until the federal Environmental Protection Agency grants authority to the Department of State Lands to administer permits for the discharge of dredged or fill material under Section 404 of the Federal Water Pollution Control Act (P.L. 92-500, as amended). [1989 c.45 §2]

Note: See second note under 196.800 (Definitions for ORS 196.600 to 196.905).

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 (2017) (last ac­cessed Mar. 30, 2018).
 
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.