ORS 196.915
State agencies’ review and responses to notice

  • additional conditions
  • expedited review
  • variances
  • inspections
  • records
  • rules

(1)

The State Department of Agriculture shall, no later than five days after the date the department receives a notice filed pursuant to ORS 196.911 (Maintenance without permit), provide a copy of the notice to the State Department of Fish and Wildlife. The State Department of Fish and Wildlife shall, within 30 days after receiving a copy of the notice, provide a response to the State Department of Agriculture. The response may indicate that a review was conducted and the work may proceed, or may provide recommendations on:

(a)

Whether the maintenance activities described in the notice will meet the requirements of ORS 196.913 (Prohibitions); and

(b)

Whether conditions in addition to those required under ORS 196.913 (Prohibitions) are necessary to address the presence of endangered or threatened species, to protect endangered or threatened species’ habitat quality or quantity, or to otherwise protect the existing functions of the channel.

(2)

Intentionally left blank —Ed.

(a)

Except as provided under paragraph (b) of this subsection, the State Department of Agriculture shall include any conditions recommended by the State Department of Fish and Wildlife in the response to the notice required under subsection (3) of this section.

(b)

If the State Department of Agriculture disagrees with the recommendations of the State Department of Fish and Wildlife, the State Department of Agriculture shall provide a copy of the notice and of the recommendations to the Department of State Lands for the Department of State Lands to make a final determination regarding:

(A)

Whether the maintenance activities described in the notice may occur without a removal or fill permit; and

(B)

What conditions in addition to those required under ORS 196.913 (Prohibitions), if any, are necessary for the maintenance activities to occur without a removal or fill permit.

(c)

The Department of State Lands shall provide any final determination required pursuant to paragraph (b) of this subsection to the State Department of Agriculture within five days after receiving the copies of the notice and recommendations.

(3)

The State Department of Agriculture shall provide a response to a notice filed pursuant to ORS 196.911 (Maintenance without permit) no later than 45 days after the date that the notice is received. The response must include any conditions in addition to those required under ORS 196.913 (Prohibitions) that the departments have determined are necessary, pursuant to the process described in subsection (2) of this section, for maintenance activities to occur in the traditionally maintained channel without a removal or fill permit. If the State Department of Agriculture does not provide a response to a notice within the time period described in this subsection, maintenance activities may proceed as described in the notice and pursuant to ORS 196.913 (Prohibitions).

(4)

Upon a request from the person submitting a notice under ORS 196.911 (Maintenance without permit), the State Department of Agriculture and the State Department of Fish and Wildlife may provide for expedited review under subsections (1) to (3) of this section, if the expedited review is necessary to allow for maintenance activities to occur within a specific time period.

(5)

Prior to initiation of maintenance activities, a person who has a notice of maintenance activities on file with the State Department of Agriculture may request from the State Department of Agriculture a variance from any condition required under ORS 196.913 (Prohibitions) (2) or this section. The State Department of Agriculture shall consult with the State Department of Fish and Wildlife before granting a variance under this subsection. A person that has applied for a variance may not commence maintenance activities until after the State Department of Agriculture has granted the variance and informed the person of any modifications to conditions or additional conditions that must be met for the maintenance to occur.

(6)

Intentionally left blank —Ed.

(a)

Subject to paragraph (b) of this subsection, the State Department of Agriculture or the State Department of Fish and Wildlife may enter onto and inspect lands for which notices have been filed under ORS 196.911 (Maintenance without permit) in order to develop the recommendations and response required by subsections (1) to (3) of this section or to ascertain compliance with ORS 196.906 (Legislative findings and declarations) to 196.919 (Memoranda of understanding).

(b)

To enter onto and inspect lands under this subsection:

(A)

The Department of Agriculture shall first make a reasonable attempt to notify the landowner;

(B)

The departments may only enter onto and inspect the lands at a reasonable time; and

(C)

The State Department of Fish and Wildlife may not, without the express agreement of the person, district, company or corporation that filed the notice, enter onto and inspect the lands unless accompanied by the State Department of Agriculture.

(7)

The State Department of Agriculture shall maintain a record of a notice filed pursuant to ORS 196.911 (Maintenance without permit) and any related correspondence for 10 years after the date that the notice is received.

(8)

Intentionally left blank —Ed.

(a)

The Department of State Lands may, after consultation with the State Department of Agriculture and the State Department of Fish and Wildlife, adopt rules as necessary to implement ORS 196.906 (Legislative findings and declarations) to 196.919 (Memoranda of understanding). Rules adopted pursuant to this subsection may include, but need not be limited to, rules:

(A)

Modifying the volume limits for removal or fill set forth in ORS 196.913 (Prohibitions) (1) or applying different volume limits within certain geographies for certain types or categories of traditionally maintained channels; or

(B)

Modifying the conditions that apply for maintenance of a traditionally maintained channel set forth in ORS 196.913 (Prohibitions) (2).

(b)

Any rules adopted under paragraph (a)(A) or (B) of this subsection must be based on the best available scientific information and on findings that the rules will:

(A)

Allow for maintenance of traditionally maintained channels to be conducted in a manner that protects, maintains or improves the existing ecological and habitat function of traditionally maintained channels; and

(B)

Result in appropriate changes to the conditions required for conducting maintenance activities, under an adaptive management approach, for carrying out the state policy stated in ORS 196.906 (Legislative findings and declarations).

(9)

Nothing in ORS 196.906 (Legislative findings and declarations) to 196.919 (Memoranda of understanding) limits or otherwise changes the exemptions under ORS 196.921 (Applicability).

(10)

The costs of activities taken by the State Department of Fish and Wildlife to carry out the duties of the department under ORS 196.906 (Legislative findings and declarations) to 196.919 (Memoranda of understanding) may not be charged to another state agency as recompensable assistance under ORS 496.167 (Department recompensable assistance to agencies) and 496.168 (Estimated expenses for recompensable assistance). [2019 c.699 §6]
Note: See note under 196.906 (Legislative findings and declarations).
(Temporary provisions relating to interim region-by-region rules)
Note: Sections 1 to 3, chapter 26, Oregon Laws 2021, provide:
Sec. 1. If the Department of State Lands or the State Department of Agriculture adopts rules to implement ORS 196.906 (Legislative findings and declarations) to 196.919 (Memoranda of understanding), the rules may provide for implementation on a region-by-region basis but must provide for implementation throughout this state within a five-year period. [2021 c.26 §1]
Sec. 2. Section 1 of this 2021 Act does not modify the duties, functions or powers, under ORS 196.906 (Legislative findings and declarations) to 196.919 (Memoranda of understanding), of the Department of State Lands, the State Department of Agriculture or the State Department of Fish and Wildlife. [2021 c.26 §2]
Sec. 3. Sections 1 and 2 of this 2021 Act are repealed on January 2, 2031. [2021 c.26 §3]

Source: Section 196.915 — State agencies’ review and responses to notice; additional conditions; expedited review; variances; inspections; records; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors196.­html.

196.105
Definitions for ORS 196.105 to 196.125 196.107
Legislative findings on management plan 196.109
Effect of revision of urban area boundaries within scenic area on management plan 196.110
Land use regulation in Columbia River Gorge National Scenic Area 196.115
Appeal from decision of Columbia River Gorge Commission or county 196.120
Exercise of eminent domain 196.125
Buffer by regulation around Columbia River Gorge National Scenic Area prohibited 196.150
Compact provisions 196.155
Authority for state officers and agencies to carry out duties under compact 196.160
Membership on Columbia River Gorge Commission 196.165
Status of commission employees for purposes of certain benefits 196.175
Pacific Ocean Resources Compact ratified 196.180
Compact provisions 196.185
Representation on compact 196.200
Definitions for ORS 196.200 to 196.240 and 196.993 196.205
Establishment of Willamette Falls Locks Authority as independent public corporation 196.210
Membership of authority 196.215
Executive director 196.220
Powers and duties of authority 196.225
Creation of tax-exempt entity by authority 196.230
Revenue bonds issued by authority 196.235
Financing agreements 196.240
Audits 196.405
Definitions for ORS 196.405 to 196.515 196.407
Policy 196.408
Duties of state agencies 196.410
Legislative findings for offshore oil and gas leasing 196.415
Legislative findings for ocean resources management 196.420
Policy 196.425
Oregon Ocean Resources Management Program 196.435
Primary agency for certain federal purposes 196.438
Ocean Policy Advisory Council 196.443
Duties of council 196.448
Member compensation 196.451
Technical advisory committee 196.453
Project review panels 196.455
Coordination with federal programs 196.465
Compatibility of acknowledged comprehensive plans 196.471
Territorial Sea Plan review requirements 196.485
State agency coordination requirements 196.515
Short title 196.540
Marine reserves 196.542
Limitation on ability of State Fish and Wildlife Commission to adopt prohibitions on fishing by rule 196.545
Work plan 196.550
Funding 196.555
Reporting 196.565
Oregon Ocean Science Trust 196.566
Trust duties 196.567
Oregon Ocean Science Fund 196.568
Reimbursement from fund 196.569
Report 196.570
Agreements between Oregon Ocean Science Trust and private organizations 196.571
Policy 196.572
Oregon Coordinating Council on Ocean Acidification and Hypoxia 196.573
Council duties 196.575
Authorization to obtain federal oceanographic data 196.580
Liaison program duties 196.583
Requirement to share geological data regarding territorial sea floor 196.600
Definitions for ORS 196.600 to 196.655 196.605
Purpose 196.610
Powers of Director of Department of State Lands 196.615
Program for mitigation banks 196.620
Resource values and credits for mitigation banks 196.623
Watershed enhancement project as mitigation bank 196.625
Fill and removal activities in mitigation banks 196.630
Rules 196.635
Director to consult and cooperate with other agencies and interested parties 196.640
Oregon Removal-Fill Mitigation Fund 196.643
Payments to comply with permit condition, authorization or resolution of violation 196.645
Sources of fund 196.650
Use of fund 196.655
Report on Oregon Removal-Fill Mitigation Fund 196.660
Effect of ORS 196.600 to 196.655 196.665
Short title 196.668
Legislative findings 196.672
Policy 196.674
Statewide Wetlands Inventory 196.676
Response to notices from local governments 196.678
Wetland conservation plans 196.681
Duties of department 196.682
Permits required for removal or fill 196.684
Amendment of plans 196.686
Acknowledged estuary management plans 196.687
Regulation of alteration or fill of artificially created wetlands 196.688
Public information program 196.692
Rules 196.795
Streamlining process for administering state removal or fill permits 196.800
Definitions for ORS 196.600 to 196.921 196.805
Policy 196.810
Permit for removal of material from or fill of waters 196.812
Large woody debris 196.815
Application for permit 196.816
General permits allowing removal of certain amount of material for maintaining drainage 196.817
General permits 196.818
Wetland delineation reports 196.820
Prohibition against issuance of permits to fill Smith Lake or Bybee Lake 196.825
Criteria for issuance of permit 196.830
Estuarine resource replacement as condition for fill or removal from estuary 196.835
Hearing regarding issuance of permit 196.845
Investigations and surveys 196.850
Waiving permit requirement in certain cases 196.855
Noncomplying removal of material or filling as public nuisance 196.860
Enforcement powers of director 196.865
Revocation, suspension or refusal to renew permit 196.870
Abatement proceedings 196.875
Double and treble damages for destruction of public right of navigation, fishery or recreation 196.880
Fill under permit presumed not to affect public rights 196.885
Annual report of fill and removal activities 196.890
Civil penalties 196.895
Imposition of civil penalties 196.900
Schedule of civil penalties 196.906
Legislative findings and declarations 196.909
Definitions 196.911
Maintenance without permit 196.913
Prohibitions 196.915
State agencies’ review and responses to notice 196.917
Notice of violation 196.919
Memoranda of understanding 196.921
Applicability 196.931
Monitoring fill and removal activities 196.990
Penalties for unpermitted removal from or filling of waters 196.993
Penalties for unauthorized use of Willamette Falls Locks
Green check means up to date. Up to date

Current through early 2024

§ 196.915’s source at oregon​.gov