Regulation of alteration or fill of artificially created wetlands
(1) Notwithstanding the provisions of ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.905 (Applicability), state or local governments shall not prohibit or restrict the alteration or fill of wetland areas up to one acre in size that have been artificially created from upland for the purpose of controlling, storing or maintaining storm water.
(2) An area that was developed as a storm water detention or retention facility as a condition of a development approval shall not be altered or filled without acceptance by the approving authority of a plan to mitigate the loss of functional capabilities of the detention or retention facility.
(3) Until a local government adopts an ordinance to conform its comprehensive plan and land use regulations to the provisions of this section, the provisions of subsection (1) of this section shall apply directly to proposed activities in wetland areas. Any portion of a goal, rule, comprehensive plan, land use regulation or ordinance not in conformance with the provisions of this section on September 9, 1995:
(a) Shall not be implemented or enforced; and
(b) Has no legal effect.
(4) The provisions of this section do not apply to land used to mitigate the loss of wetlands.
(5) If the Department of State Lands assumes responsibility under 33 U.S.C. §1344(g) of the Federal Water Pollution Control Act, ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.905 (Applicability) shall apply to artificially created wetlands described in subsections (1) and (2) of this section. [1995 c.482 §1]
Note: 196.687 (Regulation of alteration or fill of artificially created wetlands) 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.
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