OAR 141-085-0680
Compensatory Mitigation (CM); Applicability and Principal Objectives


Applicability. OAR 141-085-0680 (Compensatory Mitigation (CM); Applicability and Principal Objectives) through 141-085-0755 (Advance Mitigation) applies to removal-fill that occurs within waters of this state and applies to all forms of compensatory mitigation (i.e., mitigation bank, in-lieu fee mitigation, advance mitigation, permittee responsible mitigation, and payment in-lieu mitigation). The Department may establish CM requirements other than those explicitly set forth in OAR 141-085-0680 (Compensatory Mitigation (CM); Applicability and Principal Objectives) through 141-085-0755 (Advance Mitigation) within areas covered by an approved Wetland Conservation Plan or Advance Aquatic Resource Plan.


Principal Objectives for CM. For projects where impacts to waters of this state cannot be avoided, CM will be required to compensate for the reasonably expected adverse impacts in fulfillment of the following principal objectives.


The principal objectives of CM are to:


Replace functions and values lost at the removal-fill site;


Provide local replacement for locally important functions and values, where appropriate;


Enhance, restore, create or preserve waters of this state that are self-sustaining and minimize long-term maintenance needs;


Ensure the siting of CM in ecologically suitable locations considering: local watershed needs and priorities; appropriate landscape position for the waters types, functions and values sought; connectivity to other habitats and protected resources; and the absence of contaminants or conflicting adjacent land uses or development trends that would compromise functions and values; and


Minimize temporal loss of waters of this state and their functions and values.


Applicants must demonstrate how the selected method of CM (i.e., mitigation bank, in-lieu fee mitigation, advance mitigation, permittee-responsible mitigation and payment in-lieu mitigation) addresses the principal objectives.


General Requirements.


Replacement for locally important functions and values may be required.


Projects that involve 0.20 acres or less of permanent wetland impact may use mitigation banks, in-lieu fee, or payment in-lieu mitigation without addressing the principal objectives set forth in Section (2) of this rule, except when impacts are to Aquatic Resources of Special Concern.


Payment in-lieu mitigation may not be used if appropriate mitigation bank or in-lieu fee credits are available on the day that the public review period closes.


CM earthwork must be completed within the same construction season as the authorized removal-fill project. The Department may approve non-concurrent CM if the applicant clearly demonstrates, in writing, the reason for the delay or that there is benefit to the aquatic resources in doing so.


CM involving the conversion of a water of this state to a different type, HGM class or Cowardin class may not be approved when the existing aquatic resource is in good condition, is an Aquatic Resource of Special Concern, provides locally important functions or values, or supports listed species or a rare plant community or communities.


CM projects must not degrade areas with existing high natural resource values (e.g., forested uplands).


CM hydrology must be self-sustaining and must not rely on features or facilities that require frequent and regular long-term maintenance and management. For example, permanent water control structures may be acceptable, whereas pumping from a groundwater well to provide adequate hydrologic support is not acceptable.


Multiple Purpose CM. CM sites may fulfill multiple purposes including storm water retention or detention, provided:


All other CM requirements are met;


No alteration or management is required to maintain the functionality of the stormwater facility that would degrade the CM functions and values;


The stormwater entering the CM site has been pretreated to the level necessary to assure that state water quality standards and criteria are met in the mitigation area;


Construction of storm water facilities in existing wetlands meets the criteria for enhancement in OAR 141-085-0694 (Special Requirement for CM) (1);


Construction of the CM site will not adversely affect adjacent waters of this state;


Construction of the CM site will not significantly change pre-development hydrologic conditions, significantly increase peak flows or significantly change the velocity to receiving streams; and


Stormwater discharges to existing or CM wetlands will not result in hydrologic conditions that impair vegetation or substrate characteristics necessary to support wetland functions.
CM for Linear Projects. The Department will review and approve CM for linear projects (e.g., roads or utility lines) that cross multiple waters of this state or that may occur in multiple watersheds on a case-by-case basis and may establish other CM requirements than those explicitly set forth in these rules.

Source: Rule 141-085-0680 — Compensatory Mitigation (CM); Applicability and Principal Objectives, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-085-0680.

Removal-Fill Jurisdiction by Type of Water
Removal-Fill Jurisdiction by Volume of Material
Measuring and Calculating Volume of Removal and Fill
Exemptions for Certain Activities and Structures
Exemptions for Certain Voluntary Habitat Restoration Activities
Exemptions Specific to Agricultural Activities
Types of Authorizations
Application Requirements for Individual Permits
Individual Removal-Fill Permit Application Review Process
Public Review Process for Individual Removal - Fill Permit Applications
Department Determinations and Considerations in Evaluating Individual Permit Applications
Permit Appeals
Discovery in Contested Cases
Permit Conditions, Permit Expiration Dates and Permit Transfer
Renewal and Extension of Individual Removal-Fill Permits
Permit Requirements and Interagency Coordination for Department of Environmental Quality Approved Remedial Action, Corrections Facilities, Solid Waste Land Fills and Energy Facilities
Expedited Process for Industrial or Traded Sector Sites
Emergency Authorizations
Compensatory Mitigation (CM)
Functions and Values Assessment
Eligibility Requirements for CM
Mitigation Accounting
Special Requirement for CM
Administrative Protection of CM Sites
Financial Security for CM Sites
Requirements for CM Plans
Monitoring Requirements for CWM
Mitigation for Temporary Impacts
Mitigation Banking Purpose, Applicability and Policies
Process for Establishing Mitigation Banks
Establishment of Mitigation Credits
Release, Use and Sale of Mitigation Credits
Authorization for Mitigation Banks
In-Lieu Fee Mitigation
Payments to and Expenditures from the Oregon Removal-Fill Mitigation Fund
Advance Mitigation
Advance Aquatic Resource Plans
Complaints and Investigations
Enforcement Actions and Procedures
Revoking or Suspending an Authorization
Civil Penalties
Last Updated

Jun. 8, 2021

Rule 141-085-0680’s source at or​.us