OAR 141-085-0695
Administrative Protection of CM Sites

(1) Administrative Protection Instruments. All CWM sites must be protected from adverse impacts in perpetuity with appropriate protection instruments. Administrative protection for CNWM sites may be required.
(2) Protection Instrument Standards. Protection instruments must meet the following standards:
(a) The permanent protection instrument must prohibit any uses of the CM site that would violate conditions of the removal-fill authorization or otherwise adversely affect functions and values provided by the CM site;
(b) Any proposed revisions to the protection instrument require prior approval from the Department;
(c) A conservation easement may only be granted to qualifying parties set forth in ORS 271;
(d) Conservation easements must provide the Department a third party right-of-enforcement; and
(e) Must include a Right of Entry or an access easement, conveyed to the Department and recorded on the deed for all CM sites on non-public lands, using a template provided by the Department.
(3) Publicly Owned CM Sites. For publicly owned CWM sites, administrative protection may be provided through an adopted management plan. Such plan will provide for appropriate protection of the CM site as determined by the Department.

Source: Rule 141-085-0695 — Administrative Protection of CM Sites, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-085-0695 (accessed May 26, 2025).

141–085–0500
General 141–085–0506
Policy 141–085–0510
Definitions 141–085–0515
Removal-Fill Jurisdiction by Type of Water 141–085–0520
Removal-Fill Jurisdiction by Volume of Material 141–085–0525
Measuring and Calculating Volume of Removal and Fill 141–085–0530
Exemptions for Certain Activities and Structures 141–085–0534
Exemptions for Certain Voluntary Habitat Restoration Activities 141–085–0535
Exemptions Specific to Agricultural Activities 141–085–0540
Types of Authorizations 141–085–0545
Fees 141–085–0550
Application Requirements for Individual Permits 141–085–0555
Individual Removal-Fill Permit Application Review Process 141–085–0560
Public Review Process for Individual Removal - Fill Permit Applications 141–085–0565
Department Determinations and Considerations in Evaluating Individual Permit Applications 141–085–0575
Permit Appeals 141–085–0580
Discovery in Contested Cases 141–085–0585
Permit Conditions, Permit Expiration Dates and Permit Transfer 141–085–0590
Renewal and Extension of Individual Removal-Fill Permits 141–085–0595
Permit Requirements and Interagency Coordination for Department of Environmental Quality Approved Remedial Action, Corrections Facilities, Solid Waste Land Fills and Energy Facilities 141–085–0665
Expedited Process for Industrial or Traded Sector Sites 141–085–0676
Emergency Authorizations 141–085–0680
Compensatory Mitigation (CM) 141–085–0685
Functions and Values Assessment 141–085–0690
Eligibility Requirements for CM 141–085–0692
Mitigation Accounting 141–085–0694
Special Requirement for CM 141–085–0695
Administrative Protection of CM Sites 141–085–0700
Financial Security for CM Sites 141–085–0705
Requirements for CM Plans 141–085–0710
Monitoring Requirements for CWM 141–085–0715
Mitigation for Temporary Impacts 141–085–0720
Mitigation Banking Purpose, Applicability and Policies 141–085–0725
Process for Establishing Mitigation Banks 141–085–0730
Establishment of Mitigation Credits 141–085–0735
Release, Use and Sale of Mitigation Credits 141–085–0740
Authorization for Mitigation Banks 141–085–0745
In-Lieu Fee Mitigation 141–085–0750
Payments to and Expenditures from the Oregon Removal-Fill Mitigation Fund 141–085–0755
Advance Mitigation 141–085–0768
Advance Aquatic Resource Plans 141–085–0770
Complaints and Investigations 141–085–0775
Enforcement Actions and Procedures 141–085–0780
Revoking or Suspending an Authorization 141–085–0785
Civil Penalties

May 26, 2025

Rule 141-085-0695's source at or​.us