OAR 141-093-0104
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, excluding State Scenic Waterways, as defined in OAR 141-085 for the purposes set forth in a GP.

(2)

Department Determination of Eligibility. To be eligible for a GP, a project must comply with the general conditions described in OAR 141-093-0135 (General Conditions) as well as the individual GP’s purpose, eligibility, authorized activities and activity-specific conditions. In the event a dispute arises as to the applicability of a GP to any project application, 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 GP.

(4)

Individual Permit May Be Required. The Department may require an individual removal-fill permit for a project that would otherwise be authorized by a GP if:

(a)

The activity conducted under the permit may have unpredictable effects or outcomes which may result in unacceptable individual or cumulative environmental effects to waters of this state; or

(b)

The activity might result in long-term harm to the water resources of this state; or

(c)

If the Oregon Department of Fish and Wildlife, the Oregon Department of Environmental Quality or the affected local land use planning department request that the Department do so.

Source: Rule 141-093-0104 — Project Applicability, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-093-0104.

141‑093‑0100
General 141‑093‑0103
Agency Process and Standards for Establishing General Permits 141‑093‑0104
Project Applicability 141‑093‑0105
Application Requirements and Completeness Review for Authorizing Projects under a General Permit 141‑093‑0107
Completeness and Eligibility Review for Authorizing Projects under a GP 141‑093‑0110
Public Review Process for Authorizing Projects under a GP 141‑093‑0115
Department Determinations and Considerations in Evaluating Applications to Authorize Projects under a GP 141‑093‑0120
Expiration and Annual Billing 141‑093‑0125
Enforcement 141‑093‑0130
Appeal Process for Authorizations Issued under General Permits 141‑093‑0135
General Conditions 141‑093‑0140
Transportation-Related Structures - Purpose 141‑093‑0141
Transportation-Related Structures - Eligibility Requirements 141‑093‑0145
Transportation-Related Structures - GP-Specific Application Requirements for Authorizing Projects 141‑093‑0150
Transportation-Related Structures - Authorized Activities 141‑093‑0151
Transportation-Related Structures - GP-Specific Conditions 141‑093‑0155
Minor Removal-Fill Impacts - Purpose 141‑093‑0160
Minor Removal-Fill Impacts - Eligibility Requirements 141‑093‑0165
Minor Removal-Fill Impacts - Compensatory Wetland Mitigation 141‑093‑0170
Minor Removal-Fill Impacts - Authorized Activities 141‑093‑0175
Minor Removal-Fill Impacts - GP-Specific Conditions 141‑093‑0180
Jackson County Vernal Pools - Purpose 141‑093‑0185
Jackson County Vernal Pools - Expiration 141‑093‑0187
Jackson County Vernal Pools - Review Process for Authorizing Projects 141‑093‑0190
Jackson County Vernal Pools - Definitions 141‑093‑0195
Jackson County Vernal Pools - Eligibility Requirements 141‑093‑0200
Jackson County Vernal Pools - Mitigation 141‑093‑0205
Jackson County Vernal Pools - Specific Application Requirements 141‑093‑0215
Jackson County Vernal Pools - Specific Conditions 141‑093‑0220
Maintenance Drainage - Purpose 141‑093‑0225
Maintenance Drainage - Eligibility Requirements 141‑093‑0230
Maintenance Drainage - Specific Application Requirements 141‑093‑0235
Maintenance Drainage - Authorized Activities 141‑093‑0240
Maintenance Drainage - Specific Conditions 141‑093‑0245
Maintenance Drainage - Fees 141‑093‑0250
Maintenance Dredging - Purpose 141‑093‑0255
Maintenance Dredging - Definitions 141‑093‑0260
Maintenance Dredging - Eligibility Requirements 141‑093‑0265
Maintenance Dredging - Specific Application Requirements 141‑093‑0270
Maintenance Dredging - Authorized Activities 141‑093‑0275
Maintenance Dredging - Specific Conditions 141‑093‑0280
Maintenance Dredging - Term and Reporting 141‑093‑0285
Certain Ocean Renewable Energy Facilities - GP-Purpose 141‑093‑0290
Certain Ocean Renewable Energy Facilities - GP-Definitions 141‑093‑0295
Certain Ocean Renewable Energy Facilities - GP-Eligibility Requirements 141‑093‑0300
Certain Ocean Renewable Energy Facilities - GP-Specific Application Requirements 141‑093‑0305
Certain Ocean Renewable Energy Facilities - GP-Authorized Activities 141‑093‑0310
Certain Ocean Renewable Energy Facilities - GP- Specific Conditions
Last Updated

Jun. 8, 2021

Rule 141-093-0104’s source at or​.us