2007 ORS 196.818¹
Wetland delineation reports
  • review by Department of State Lands
  • fees

(1) A person or governmental body must pay to the Department of State Lands a nonrefundable fee of $350 when submitting a wetland delineation report to the department for a determination of:

(a) Whether waters of this state are present on a specific land parcel;

(b) Where the boundaries of waters of this state are located on a land parcel; or

(c) Whether the waters of this state or a proposed activity in the waters of this state is subject to permit requirements.

(2) The department shall review the wetland delineation report submitted under subsection (1) of this section within 120 days after submission of the wetland delineation report to the department.

(3) The fee described in subsection (1) of this section is in addition to any permit application fee required under ORS 196.815 (Application for permit). A person or governmental body submitting a revised report to replace a previously rejected report must pay an additional nonrefundable fee of $100.

(4) The Director of the Department of State Lands shall issue an order revising the fee specified in subsection (1) of this section on January 1 of each year, based on changes in the Portland-Salem, OR-WA Consumer Price Index for All Urban Consumers for All Items as published by the Bureau of Labor Statistics of the United States Department of Labor. The director shall round the amount to the nearest dollar. The revised fee shall take effect January 1 and apply for that calendar year.

(5) Fees received under this section shall be credited to the Common School Fund for use by the department in administration of ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.905 (Applicability). [2007 c.850 §2]

Note: Section 3, chapter 850, Oregon Laws 2007, provides:

Sec. 3. The Department of State Lands shall make the first increase in fees under section 2 (4) of this 2007 Act [196.818 (Wetland delineation reports) (4)] on January 1, 2009. [2007 c.850 §3]

Note: Sections 1 and 2, chapter 507, Oregon Laws 2007, provide:

Sec. 1. (1) The Department of State Lands shall investigate the feasibility of establishing an Oregon certification program for professional wetland scientists. The study shall include but need not be limited to:

(a) The feasibility of a certification program for professional wetland scientists;

(b) The existence and validity of professional wetland scientist certification programs;

(c) The professional methods and procedures about which a professional wetland scientist should be knowledgeable;

(d) The scope of an initial examination for certification and any continuing education requirements that should be imposed;

(e) A recommendation of an appropriate entity to administer the certification program; and

(f) Recommended fees for certification as necessary to cover the expenses of operating a certification program.

(2) Not later than November 1, 2008, the department shall submit a report of the findings of the study conducted under this section, and shall include recommendations for legislation, to the interim legislative committees on environment and natural resources. [2007 c.507 §1]

Sec. 2. Section 1 of this 2007 Act is repealed on the date of the convening of the next regular biennial legislative session [January 12, 2009]. [2007 c.507 §2]

Notes of Decisions

These sec­tions, regulating landfills, are codifica­tion of common law public trust doctrine that public use of lands underlying navigable wa­ters may not be substantially modified except for wa­ter-related purposes. Morse v. Division of State Lands, 34 Or App 853, 581 P2d 520 (1978), aff'd 285 Or 197, 590 P2d 79 (1979)

Atty. Gen. Opinions

Right of private owner and ports to fill tidelands as subject to public rights, (1971) Vol 35, p 844; state's authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285; authority of the legislature to extinguish public rights in navigable wa­ters and to charge a fee therefor, (1973) Vol 36, p 348; authority to issue permit for removal of ocean shore natural products from state recrea­tion areas, (1974) Vol 36, p 807; authority to pay for Removal and Fill Permit Program ad­min­is­tra­­tion out of Common School Fund, (1980) Vol 40, p 190

Law Review Cita­tions

4 EL 351-355 (1974); 10 EL 675 (1980); 61 OLR 523 (1982); 19 EL 637 (1989); 21 EL 152 (1991)

1 Legislative Counsel Committee, CHAPTER 196—Columbia River Gorge; Ocean Resource Planning; Wetlands; Removal and Fill, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­196.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 196, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­196ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.