OAR 141-093-0141
Transportation-Related Structures - Eligibility Requirements

(1) Definitions. For the purposes of this rule:
(a) “Entrenchment ratio” is the ratio between the flood prone width and the width at the elevation at which a stream first reaches the top of its natural banks and overflows.
(b) “Floodplain” means that portion of a river valley, adjacent to the channel, which is built of sediments deposited during the present regimen of the stream and which is covered with water when the waterway overflows its banks at flood stage.
(c) “Flood Prone Area” means the area adjacent to the stream that is inundated or saturated when the elevation of the water is at twice the maximum depth at bankfull stage or three times the average bankfull depth.
(d) “Functional floodplain” means the flood prone area up to 2.2 times the width at OHWL for streams with an entrenchment ratio of 2.2 or greater, and the entire width of the flood prone area for streams with an entrenchment ratio less than 2.2. This area may be reduced by the presence of natural constrictions, flow regulation, or encroachment of built infrastructure.
(2) Thresholds. To be eligible a project must be limited to no more than:
(a) In waters of this state, other than wetlands, a total of five thousand (5,000) cubic yards of material filled, removed or altered, for the entire project. Up to one thousand (1,000) cubic yards of the allowable 5,000 cubic yards of material may be used for streambank stabilization; and
(b) One-half (0.5) acre of permanent impact to wetlands is allowed for the entire project.
(3) No impacts to Aquatic Resources of Special Concern. The project must not involve impacts to Aquatic Resources of Special Concern. 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.
(4) Notwithstanding the requirements of OAR 141-093-0105 (Application Requirements and Completeness Review for Authorizing Projects under a General Permit) through OAR 141-093-0135 (General Conditions), the following projects will not require compensatory mitigation, and the applicant may use best professional judgment to assess functions and values if the proposed design meets all of the following requirements:
(a) Widening, replacing, or maintaining an existing culvert or bridge
(A) A clear, unobstructed opening above the expected depth or scour of the streambed within the functional floodplain must be maintained;
(B) A single span bridge or culvert must span 1.5 times the width of the stream at the ordinary high water line (OHWL), or wider;
(C) A multiple span structure must span 2.2 times the width of the stream at the OHWL, or wider, without including the width of interior supports;
(D) Conduits must be installed within road fill, if necessary, to allow water to flow across the floodplain;
(E) All artificial constrictions within the functional floodplain must be removed that are not otherwise a component of the culvert or bridge, unless otherwise approved by the Department;
(F) Streambanks and newly exposed floodplains must be reshaped to either match or be flatter than upstream and downstream contours;
(G) Streambank stabilization methods are limited to techniques in ORS 141-089-0730 (Waterway Bank stabilization - Authorized Activities) through 141-089-0735 (Waterway Bank Stabilization - Activity-Specific Conditions), plus the minimum amount of rock necessary to protect the integrity of the culvert or bridge. Rock on streambanks above OHWL must incorporate soil and woody vegetation;
(H) Streambanks and newly exposed floodplains must provide or be planted to achieve a density of at least 1 live native shrub or tree per 6 linear feet, except under a bridge or within areas needed for site distance and safety, unless otherwise approved by the Department; and
(I) ODFW fish passage requirements for adult and juvenile fish must be met.
(b) Restoring natural fluvial processes if the proposed design meets all the following requirements:
(A) The activity is integrally related to widening, replacing, maintaining, or removing an existing structure;
(B) Limited to use of materials sized appropriately for the system and that mimic natural substrate found within the system, unless otherwise required for fish passage;
(c) Reestablishing bank slopes adjacent to an existing structure to the previous extent of the toe of the slope.
(A) Reestablishment may expand the toe of pre-existing structure fill for no more than 50 feet of channel when necessary to maintain a 2:1 fill slope or steeper. At least 80% of the previous channel width at OHWL must be retained.
(B) Streambank stabilization methods are limited to techniques in ORS 141-089-0730 (Waterway Bank stabilization - Authorized Activities) through 141-089-0735 (Waterway Bank Stabilization - Activity-Specific Conditions), plus the minimum amount of rock necessary to protect the integrity of the road and stabilize the toe of the slope. Rock on streambanks above OHWL must incorporate soil and woody vegetation, unless otherwise approved by the Department.
(C) A reestablished streambank must be planted to achieve a density of at least 1 live native shrub or tree per 6 linear feet, unless otherwise approved by the Department.

Source: Rule 141-093-0141 — Transportation-Related Structures - Eligibility Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-093-0141.

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 141-093-0141’s source at or​.us