General permits allowing removal of certain amount of material for maintaining drainage
- • rules
- • waiver of fees
(1) As used in this section, traditionally maintained channel has the meaning given that term in ORS 196.909 (Definitions).
(2) Notwithstanding ORS 196.810 (Permit required to remove material from bed or banks of waters), the Department of State Lands may establish by rule a general permit that allows the removal of no more than 100 cubic yards of material from waters of this state, including in essential indigenous anadromous salmonid habitat, for the purpose of maintaining drainage and protecting agricultural land.
(3) Notwithstanding ORS 196.810 (Permit required to remove material from bed or banks of waters), the department shall establish by rule one or more general permits that allow the removal of material from waters of this state, including in essential indigenous anadromous salmonid habitat, to conduct maintenance of traditionally maintained channels during channel conditions where flowing or standing water is present. The general permits must require the maintenance to be conducted in a manner that protects, maintains or improves existing agricultural and ecological functions of the channels, including the life history functions of fish and wildlife that inhabit the channels. In establishing a general permit under this subsection, the department shall utilize best available science and shall consult with the State Department of Agriculture, the State Department of Fish and Wildlife, other relevant state or federal agencies and representatives of agricultural interests and conservation interests.
(4) The Department of State Lands may waive the fees specified in ORS 196.815 (Application for permit) for removal taking place under the provisions of this section. [2011 c.713 §7; 2019 c.699 §9]
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