OAR 141-085-0720
Mitigation Banking Purpose, Applicability and Policies

(1) Purpose and Applicability. These rules describe the requirements to establish and operate mitigation banks, which can be used to compensate for impacts to waters of this state. These rules pertain to mitigation banks that compensate for impacts to all types of waters of this state.
(2) Coordination with the Corps of Engineers. The Department will coordinate with and participate on the Interagency Review Team as a co-chair agency with the Corps of Engineers to establish mitigation banks that also meet the federal regulatory requirements, as appropriate.
(3) Development of Mitigation Banks is Encouraged. The Department encourages the development and will facilitate the expeditious approval of mitigation banks.
(4) Compensation for Expected or Historical Losses to Aquatic Resources. Mitigation banks must be located and designed to compensate for expected or historical losses to aquatic resources by:
(a) Maintaining regional functions and values of aquatic resources in their service area;
(b) Matching the demand for credits with losses to the water resources of this state; and
(c) Meeting other ecological or watershed needs as determined by the Department.
(5) Banks Must Meet Principal Objectives for CM: Mitigation banks established and operated under these rules must meet the principal objectives of compensatory mitigation in OAR 141-085-0680 (Compensatory Mitigation (CM); Applicability and Principal Objectives).
(6) Subject to All CM Rules. Mitigation banks are subject to all rules governing CWM and CNWM, as applicable.
(7) Collaboration with Public Resource Protection and Restoration Programs. The Department encourages collaboration with voluntary watershed enhancement projects in conjunction with, but supplemental to, the generation of compensatory mitigation credit, when greater ecological gains can be recognized. Except where public funding is specifically authorized to provide compensatory mitigation, or the Department otherwise approves the use or accounting of such funds, funds dedicated to non-compensatory aquatic resource restoration or preservation projects will not generate transferable mitigation credit.

Source: Rule 141-085-0720 — Mitigation Banking Purpose, Applicability and Policies, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-085-0720.

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
Last Updated

Jun. 8, 2021

Rule 141-085-0720’s source at or​.us