2017 ORS 568.330¹
Determination of need for district
  • factors considered in determination
  • territory need not be contiguous

(1) After the hearing under ORS 568.310 (Notice of hearing), if the State Department of Agriculture determines upon the facts presented at the hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the general welfare, for a soil and water conservation district to function in the territory considered at the hearing, the department shall make and record the determination and define the boundaries of the district.

(2) In making the determination and defining the boundaries, the department shall give due weight and consideration to:

(a) The topography of the area considered and of the state.

(b) The composition of the soils.

(c) The distribution of erosion.

(d) The prevailing land-use practices.

(e) The desirability and necessity of including within the boundaries the particular lands under consideration and the benefits those lands may receive from being included within district boundaries.

(f) The relation of the proposed area to existing watersheds and agricultural regions and to other soil and water conservation districts already formed or proposed for formation.

(g) Such other physical, geographical, and economic factors as are relevant.

(3) The territory to be included within district boundaries need not be contiguous. [Amended by 1981 c.92 §9; 2009 c.220 §6]

Atty. Gen. Opinions

County regula­tion of activities resulting in soil erosion, (1975) Vol 37, p 819

1 Legislative Counsel Committee, CHAPTER 568—Soil and Water Conservation; Water Quality Management, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors568.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 568, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano568.­html (2017) (last ac­cessed Mar. 30, 2018).
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.