OAR 141-089-0630
Project Applicability

(1) Applicability. This rule sets forth conditions under which a person may, without an individual removal-fill permit from the Department, place or remove material within waters of this state, as defined in OAR 141-085 for the purposes set forth in each GA. This rule does not apply to activities proposed within areas designated as:
(a) A State Scenic Waterway; or
(b) An Aquatic Resource of Special Concern, unless the activity is for habitat restoration purposes. Aquatic Resources of Special Concern include alkali wetlands and lakes, bogs, cold water habitat, fens, hot springs, interdunal wetlands, kelp beds, mature forested wetlands, native eelgrass beds, , off-channel habitats (alcoves and side channels), ultramafic soil wetlands, vernal pools, wet prairies, wooded tidal wetlands, and others, as determined by the Department.
(2) Department Determination of Eligibility. To be eligible for a GA, a project must comply with the general conditions described in OAR 141-089-0650 (General Conditions) as well as individual GA purpose, eligibility, authorized activities and activity-specific conditions. In the event a dispute arises concerning or about the applicability of a general authorization to any project notification, the Department will make the final determination.
(3) Thresholds and Best Management Practices (BMPs). BMPs necessary to comply with the general conditions are not included in the thresholds under each general authorization.
(4) Project with More Than Minimal Impacts. The Department may require an individual removal-fill permit for a project that would otherwise be authorized by a general authorization, if the Department determines that the activity might cause more than minimal individual or cumulative environmental effects or might result in long-term harm to the water resources of the state. The Department may also require an application for an individual removal-fill permit if requested to do so by the Oregon Department of Fish and Wildlife, the Oregon Department of Environmental Quality or the affected local land use planning department.
(5) Combining Activities. The following General Authorizations may be combined to cover a single project when the combined activities result in no more than minimal impacts:
(a) Waterway Habitat Restoration;
(b) Wetland Ecosystem Restoration;
(c) Waterway Bank Stabilization;
(d) Piling Placement and Removal;
(e) Certain Transportation-Related Activities in ESH; and
(f) Temporary Impacts to Non-Tidal Wetlands.
(6) Entire Project. Projects eligible for GAs must rely solely on GAs for their authorization. GAs may not be combined with either Individual Permits or authorizations under General Permits.

Source: Rule 141-089-0630 — Project Applicability, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-089-0630.

141‑089‑0620
General 141‑089‑0625
General Authorizations (GA) 141‑089‑0630
Project Applicability 141‑089‑0635
Fees 141‑089‑0640
Pre-Construction Notification 141‑089‑0645
Expiration of Project Eligibility 141‑089‑0650
General Conditions 141‑089‑0655
Enforcement 141‑089‑0656
Authorization Decision Appeals 141‑089‑0660
Minimal Disturbance Within ESH - Purpose 141‑089‑0665
Minimal Disturbance Within ESH - Eligibility Requirements 141‑089‑0670
Minimal Disturbance Within ESH - Authorized Activities 141‑089‑0675
Minimal Disturbance Within ESH - Activity-Specific Conditions 141‑089‑0680
Piling Placement And Removal Within ESH - Purpose 141‑089‑0685
Piling Placement And Removal Within ESH - Eligibility Requirements 141‑089‑0690
Piling Placement And Removal Within ESH - Authorized Activities 141‑089‑0695
Piling Placement And Removal Within ESH - Activity-Specific Conditions 141‑089‑0700
Temporary Impacts to Non-Tidal Wetlands - Purpose 141‑089‑0705
Temporary Impacts to Non-Tidal Wetlands - Eligibility Requirements 141‑089‑0710
Temporary Impacts to Non-Tidal Wetlands - Authorized Activities 141‑089‑0715
Temporary Impacts to Non-Tidal Wetlands - Activity-Specific Conditions 141‑089‑0720
Waterway Bank Stabilization - Purpose 141‑089‑0725
Waterway Bank Stabilization - Eligibility 141‑089‑0730
Waterway Bank stabilization - Authorized Activities 141‑089‑0735
Waterway Bank Stabilization - Activity-Specific Conditions 141‑089‑0740
Transportation-Related Activities - Purpose 141‑089‑0745
Transportation-Related Activities - Eligibility Requirements 141‑089‑0750
Transportation-Related Activities - Authorized Activities 141‑089‑0755
Transportation-Related Activities - Activity-Specific Conditions 141‑089‑0760
Removing Sediment Behind Tidegates - Purpose 141‑089‑0765
Removing Sediment Behind Tidegates - Eligibility Requirements-Ineligible Projects 141‑089‑0770
Removing Sediment Behind Tidegates - Mandatory Requirements 141‑089‑0775
Removing Sediment Behind Tidegates - Conditions of Issuance of General Authorization 141‑089‑0780
Waterway Habitat Restoration - Purpose 141‑089‑0785
Waterway Habitat Restoration - Eligibility Requirements 141‑089‑0790
Waterway Habitat Restoration - Authorized Activities 141‑089‑0795
Waterway Habitat Restoration - Activity-Specific Conditions 141‑089‑0800
Wetland Ecosystem Restoration - Purpose 141‑089‑0805
Wetland Ecosystem Restoration - Eligibility Requirements 141‑089‑0810
Wetland Ecosystem Restoration - Authorized Activities 141‑089‑0815
Wetland Ecosystem Restoration - Activity-Specific Conditions 141‑089‑0820
Non-motorized In-stream Placer Mining in ESH – Purpose 141‑089‑0823
Non-motorized In-stream Placer Mining within ESH - Definitions 141‑089‑0825
Non-motorized In-stream Placer Mining in ESH - Eligibility Requirements 141‑089‑0827
Non-motorized In-stream Placer Mining within ESH - Expiration and No Transfer 141‑089‑0830
Non-motorized In-stream Placer Mining in ESH - Authorized Activities 141‑089‑0835
Non-motorized In-stream Placer Mining in ESH - Activity-Specific Conditions
Last Updated

Jun. 8, 2021

Rule 141-089-0630’s source at or​.us