ORS 196.795¹
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 bed or banks of any waters of this state or for filling the waters of this state, reducing paperwork, eliminating duplication, increasing certainty and timeliness and enhancing resource protection. The efforts of the Department of State Lands shall include but need not be limited to applying to the United States Army Corps of Engineers for a state program general permit as authorized in federal regulations implementing section 404 of the Federal Water Pollution Control Act, and section 10 of the Rivers and Harbors Act of 1899, as amended. In conjunction with these activities, the Department of State Lands may continue to investigate the possibility of assuming the federal regulatory program under 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act.

(2) The department shall report periodically to the appropriate legislative committee on the progress in implementing subsection (1) of this section. [1995 c.474 §1; 1997 c.116 §1; 1999 c.59 §53; 2007 c.354 §2]

Note: 196.795 (Streamlining process for administering state removal or fill permits) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 1 and 2, chapter 652, Oregon Laws 2019, provide:

Sec. 1. Proposal for partial state assumption of permit authority. (1) As used in this section:

(a)(A) “Development activities” includes dredging, filling, grading, paving, excavation and other activities related to making man-made changes to improved or unimproved real estate.

(B) “Development activities” does not include farming, ranching or forestry activities, or activities that would otherwise be considered development activities under subparagraph (A) of this paragraph if the activities are associated with:

(i) Farming, ranching or forestry activities; or

(ii) Activities by a district organized under ORS chapter 545, 547, 552, 553 or 554, including activities that occur outside the district’s boundaries but that are related to the district’s operations.

(b) “Mining and activities associated with mining” includes any activity involving extraction of materials from the ground that is subject to regulation by the State Department of Geology and Mineral Industries, the processing or manufacturing of the materials, mining reclamation activities and voluntary restoration activities associated with a mining operation.

(2) The Department of State Lands shall develop a proposal, including recommendations for legislation to be introduced during the 2020 regular session of the Legislative Assembly, for partial assumption by the department of the authority to administer permits for the discharge of dredge or fill materials under section 404 of the Federal Water Pollution Control Act (P.L. 92-500, as amended).

(3) In developing the proposal, the Department of State Lands shall collaborate with the Department of Justice, the Department of Environmental Quality, the Department of Land Conservation and Development, the State Department of Fish and Wildlife, the State Department of Agriculture, the State Forestry Department, the State Department of Geology and Mineral Industries, the National Marine Fisheries Service, the United States Fish and Wildlife Service, the United States Environmental Protection Agency and representatives of any other state or federal agency as the Department of State Lands determines is necessary for developing the proposal in a manner that will satisfy federal and state legal requirements.

(4) The proposal shall include provisions necessary for the Department of State Lands to assume authority to administer permits for the discharge of dredge or fill materials under section 404 of the Federal Water Pollution Control Act (P.L. 92-500, as amended) only for:

(a) Development activities within an acknowledged urban growth boundary;

(b) Mining and activities associated with mining; and

(c) The creation and operation of mitigation banks.

(5)(a) The proposal shall include:

(A) Recommendations, in both narrative form and in the form of requested draft statutory language, for the enactment of statutes, or for the amendment or repeal of ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.905 [series became 196.600 (Definitions for ORS 196.600 to 196.655) to 196.921 (Applicability)], section 2, chapter 45, Oregon Laws 1989, sections 1 to 14, chapter 516, Oregon Laws 2001, or any other statutes or session laws, as necessary to demonstrate that the statutory laws and regulations of the State of Oregon provide adequate legal authority for the state to receive a grant of authority from the United States Environmental Protection Agency to implement the program for partial assumption; and

(B) Any other provisions that the department determines are necessary to provide the Legislative Assembly the opportunity, during the 2020 regular session of the Legislative Assembly, to take all actions necessary to allow for the department to formally submit to the United States Environmental Protection Agency a complete application for partial assumption, such that the United States Environmental Protection Agency may have the opportunity to review and consider approval of the application before the convening of the 2021 regular session of the Legislative Assembly.

(b) The recommendations required under paragraph (a) of this subsection must include recommendations on the amendments to statutes and session laws necessary to ensure that, if any of the amendments to ORS 196.800 (Definitions for ORS 196.600 to 196.921), 196.810 (Permit required to remove material from bed or banks of waters), 196.825 (Criteria for issuance of permit), 196.850 (Waiving permit requirement in certain cases), 196.895 (Imposition of civil penalties), 196.905 [renumbered 196.921 (Applicability)], 196.990 (Penalties), 390.835 (Highest and best use of waters within scenic waterways), 421.628 (Effect of decision of Corrections Facilities Siting Authority) and 459.047 (Landfill assistance from department) by sections 1 to 10, chapter 516, Oregon Laws 2001, or the repeal of section 2, chapter 45, Oregon Laws 1989, by section 13, chapter 516, Oregon Laws 2001, become operative, the operation will not result in permitting or regulatory requirements pursuant to ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.905 on and after the operative date that exceed the permitting or regulatory requirements pursuant to ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.905, as in effect on the effective date of this 2019 Act [August 9, 2019], for activities for which the Department of State Lands is not directed to propose assumption of authority to administer permits as described in subsection (4) of this section. [2019 c.652 §1]

Sec. 2. Section 1 of this 2019 Act is repealed on January 2, 2021. [2019 c.652 §2]

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 (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information