OAR 603-095-0840
Required and Prohibited Conditions

(1)

All landowners or operators conducting activities on lands in agricultural use shall be in compliance with the following criteria. A landowner or operator shall be responsible for only those required and prohibited conditions caused by activities conducted on land managed by the landowner or operator. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated.

(2)

Healthy Riparian Streambank Condition. Effective upon rule adoption.

(a)

Allow the natural and managed regeneration and growth of riparian vegetation — trees, shrubs, grasses, and sedges — along natural waterways (as defined in OAR 141-085-0010(27)) to provide shade to moderate water temperatures and bank stability to maintain erosion near background levels.

(b)

The technical criteria to determine compliance with OAR 603-095-0840 (Required and Prohibited Conditions)(2)(a) are:

(A)

Ongoing renewal of riparian vegetation that depends on natural processes (including processes such as seed fall, seed bank in soil, or sprouting from roots, rhizomes, or dormant crowns) is evident.

(B)

Ongoing growth of riparian vegetation that has a high probability of remaining or becoming vigorous and healthy is evident.

(C)

Management activities minimize the degradation of established native vegetation while allowing for the presence of nonnative vegetation.

(D)

Management activities maintain at least 50% of each year’s new growth of woody vegetation — both trees and shrubs.

(E)

Management activities are conducted in a manner so as to maintain streambank integrity through 25-year storm events.

(c)

Exemptions:

(A)

Levees and dikes are exempt from the Healthy Riparian Streambank Condition OAR 603-095-0840 (Required and Prohibited Conditions)(2)(a) and (b), except for areas on the river-side of these structures that are not part of the structures and which can be vegetated without violating U.S. Army Corps of Engineers vegetation standards.

(B)

Drainage areas where the only connection to other waterbodies are through pumps shall be exempt from the Healthy Riparian Streambank Condition OAR 603-095-0840 (Required and Prohibited Conditions)(2)(a) and (b).

(C)

Access to natural waterways for livestock watering and stream crossings are allowed such that livestock use is limited to only the amount of time necessary for watering and crossing the waterway.

(D)

Drainage and irrigation ditches managed in compliance with OAR 603-095-0840 (Required and Prohibited Conditions)(3) are exempt from the Healthy Riparian Streambank Condition 603-095-0840 (Required and Prohibited Conditions)(2)(a) and (b).

(3)

Drainage and irrigation ditches (channels legally constructed). Effective upon rule adoption.

(a)

Construction, maintenance, and use of surface drainage ditches shall not result in sediment delivery to waters of the state from soil erosion caused by excessive channel slope, unstable channel cross section, or placement of disposed soils.

(b)

Ditch bank vegetation shall be present to stabilize earthen ditch banks.

(c)

Technical criteria to determine compliance with OAR 603-095-0840 (Required and Prohibited Conditions)(3)(a) and (b) are:

(A)

Construction and maintenance of drainage and irrigation ditches utilize ditch slope and ditch cross section that are appropriate to the site.

(B)

Disposed soils from construction and maintenance of drainage and irrigation ditches are placed such that sediment delivery to waters of the state from the placement of these soils is consistent with natural background sediment delivery from these sites.

(d)

Exemptions: Bank vegetation damaged and soils exposed during maintenance (as defined in OAR 141-085-0010(22)) and construction, in accordance with Division of State Lands rules. Bank vegetation must be reestablished as soon as practicable after construction and maintenance are completed. However, sediment delivery to waters of the state shall not result from inappropriate ditch slope and cross section or from placement of disposed soils.

(4)

Tide Gates. Effective upon rule adoption. Tide gates shall open and close as designed.

(5)

Erosion and Sediment Control. Effective upon rule adoption.

(a)

No cropland erosion in excess of the soil loss tolerance factor (T) for the subject field, as determined by the Revised Universal Soil Loss Equation (RUSLE) for soil loss, will occur. Exceptions: The department shall establish an alternate erosion control standard for croplands which the department determines cannot practically or economically achieve the soil loss tolerance factor. Any alternate erosion control standard for croplands established by the department shall assure that delivery of sediment to adjacent water sources is reduced to the maximum extent practicable.

(b)

Private roads that traverse rural lands or private roads used for agricultural activities shall be constructed and maintained such that road surfaces, fill and associated structures are designed and maintained to limit contributing sediment to waters of the state. All private roads on agricultural lands not subject to the Oregon Forest Practices Act are subject to this regulation. Exceptions: Roads subject to the Oregon Forest Practices Act.

(c)

Agricultural lands shall be managed to prevent and control runoff of sediment to public road drainage systems.

(d)

Except for operations governed by the Oregon Forest Practices Act, no activities related to the conversion of woodland to non-woodland agricultural uses that require removal of the majority of woody material from a parcel of land, such that the land no longer meets the definition of woodland, shall be conducted in a manner which results in the placement of soil, the delivery of sediment or the sloughing of soil into waters of the state, the initiation or aggravation of streambank erosion, or the loss of a healthy riparian streambank condition as defined in OAR 603-095-0840 (Required and Prohibited Conditions)(2).

(6)

Manure, Nutrients, and Other Waste. Effective upon rule adoption.

(a)

No person conducting agricultural land management shall cause pollution of any waters of the state or place or cause to be placed any wastes in a location where such wastes are likely to escape or be carried into the waters of the state by any means.

(b)

No person conducting agricultural land management shall discharge any wastes into the waters of the state if the discharge reduces the quality of such waters below the water quality standards established by rule for such waters by the Environmental Quality Commission.

(c)

No person shall violate the conditions of any waste discharge permit issued under ORS 468B.050 (Water quality permit).

(d)

Exceptions: Access to natural waterways for livestock watering and stream crossings are allowed such that livestock use is limited to only the amount of time necessary for watering and crossing the waterway.

Source: Rule 603-095-0840 — Required and Prohibited Conditions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-095-0840.

603–095–0010
Definitions 603–095–0020
General Purpose 603–095–0030
General Policies 603–095–0040
Appeals 603–095–0100
Purpose 603–095–0120
Geographic and Programmatic Scope 603–095–0140
Requirements 603–095–0180
Complaints and Investigations 603–095–0300
Purpose 603–095–0320
Geographic and Programmatic Scope 603–095–0340
Prevention and Control Measures 603–095–0380
Complaints and Investigations 603–095–0400
Purpose 603–095–0420
Geographic and Programmatic Scope 603–095–0440
Prohibited Conditions 603–095–0460
Complaints and Investigations 603–095–0500
Purpose 603–095–0520
Geographic and Programmatic Scope 603–095–0540
Prevention and Control Measures 603–095–0560
Complaints and Investigations 603–095–0600
Purpose 603–095–0620
Geographic and Programmatic Scope 603–095–0640
Prohibited Conditions 603–095–0660
Complaints and Investigations 603–095–0700
Purpose 603–095–0720
Geographic and Programmatic Scope 603–095–0740
Conditions 603–095–0760
Complaints and Investigations 603–095–0800
Purpose 603–095–0820
Geographic and Programmatic Scope 603–095–0840
Required and Prohibited Conditions 603–095–0860
Complaints and Investigations 603–095–0900
Purpose 603–095–0920
Geographic and Programmatic Scope 603–095–0940
Prohibited Conditions 603–095–0960
Complaints and Investigations 603–095–1000
Purpose 603–095–1020
Geographic and Programmatic Scope 603–095–1040
Prevention and Control Measures 603–095–1060
Complaints and Investigations 603–095–1100
Purpose 603–095–1120
Geographic and Programmatic Scope 603–095–1140
Requirements 603–095–1160
Complaints and Investigations 603–095–1200
Purpose 603–095–1220
Geographic and Programmatic Scope 603–095–1240
Prevention and Control Measures 603–095–1260
Voluntary Water Quality Farm Plans 603–095–1280
Complaints and Investigations 603–095–1300
Purpose 603–095–1320
Geographic and Programmatic Scope 603–095–1340
Prevention and Control Measures 603–095–1360
Voluntary Water Quality Farm Plans 603–095–1380
Complaints and Investigations 603–095–1400
Purpose 603–095–1420
Geographic and Programmatic Scope 603–095–1440
Prohibited Conditions 603–095–1460
Complaints and Investigations 603–095–1500
Purpose 603–095–1520
Geographic and Programmatic Scope 603–095–1540
Prohibited Conditions 603–095–1560
Complaints and Investigations 603–095–1600
Purpose 603–095–1620
Geographic and Programmatic Scope 603–095–1640
Requirements 603–095–1660
Complaints and Investigations 603–095–1700
Purpose 603–095–1720
Geographic and Programmatic Scope 603–095–1740
Prevention and Control Measures 603–095–1760
Complaints and Investigations 603–095–1800
Purpose 603–095–1820
Geographic and Programmatic Scope 603–095–1840
Prohibited Conditions 603–095–1860
Complaints and Investigations 603–095–1900
Purpose 603–095–1920
Geographic and Programmatic Scope 603–095–1940
Prevention and Control Measures 603–095–1960
Voluntary Water Quality Farm Plans 603–095–1980
Complaints and Investigations 603–095–2000
Purpose 603–095–2020
Geographic and Programmatic Scope 603–095–2040
Prevention and Control Measures 603–095–2060
Complaints and Investigations 603–095–2100
Purpose 603–095–2120
Geographic and Programmatic Scope 603–095–2140
Characteristics to Achieve 603–095–2160
Complaints and Investigations 603–095–2200
Purpose 603–095–2220
Geographic and Programmatic Scope 603–095–2240
Prevention and Control Measures 603–095–2260
Complaints and Investigations 603–095–2300
Purpose 603–095–2320
Geographic and Programmatic Scope 603–095–2340
Prevention and Control Measures 603–095–2360
Complaints and Investigations 603–095–2400
Purpose 603–095–2420
Geographic and Programmatic Scope 603–095–2440
Prevention and Control Measures 603–095–2460
Complaints and Investigations 603–095–2500
Purpose 603–095–2520
Geographic and Programmatic Scope 603–095–2540
Prevention and Control Measures 603–095–2560
Complaints and Investigations 603–095–2600
Purpose 603–095–2620
Geographic and Programmatic Scope 603–095–2640
Prevention and Control Measures 603–095–2660
Complaints and Investigations 603–095–2700
Purpose 603–095–2720
Geographic and Programmatic Scope 603–095–2740
Prevention and Control Measures 603–095–2760
Complaints and Investigations 603–095–2800
Purpose 603–095–2820
Geographic and Programmatic Scope 603–095–2840
Prevention and Control Measures 603–095–2860
Complaints and Investigations 603–095–2900
Purpose 603–095–2920
Geographic and Programmatic Scope 603–095–2940
Prevention and Control Measures 603–095–2960
Complaints and Investigations 603–095–3000
Purpose 603–095–3020
Geographic and Programmatic Scope 603–095–3040
Requirements 603–095–3060
Complaints and Investigations 603–095–3100
Purpose 603–095–3120
Geographic and Programmatic Scope 603–095–3140
Requirements 603–095–3160
Complaints and Investigations 603–095–3200
Purpose 603–095–3220
Geographic and Programmatic Scope 603–095–3240
Prohibited Conditions 603–095–3260
Complaints and Investigations 603–095–3300
Purpose 603–095–3320
Geographic and Programmatic Scope 603–095–3340
Requirements 603–095–3360
Complaints and Investigations 603–095–3400
Purpose 603–095–3420
Geographic and Programmatic Scope 603–095–3440
Requirements 603–095–3460
Complaints and Investigations 603–095–3500
Purpose 603–095–3520
Geographic and Programmatic Scope 603–095–3540
Unacceptable Conditions 603–095–3560
Complaints and Investigations 603–095–3600
Purpose 603–095–3620
Geographic and Programmatic Scope 603–095–3640
Prevention and Control Measures 603–095–3660
Complaints and Investigations 603–095–3700
Purpose 603–095–3720
Geographic and Programmatic Scope 603–095–3740
Prevention and Control Measures 603–095–3760
Complaints and Investigations 603–095–3800
Purpose 603–095–3820
Geographic and Programmatic Scope 603–095–3840
Unacceptable Conditions 603–095–3860
Complaints and Investigations 603–095–3900
Purpose 603–095–3920
Geographic and Programmatic Scope 603–095–3940
Requirements 603–095–3960
Complaints and Investigations 603–095–4000
Purpose and Applicability 603–095–4005
Definitions 603–095–4010
Agricultural Drainage Maintenance Regions 603–095–4015
Notification to the Oregon Department of Agriculture – Maintenance Without a Permit 603–095–4020
Notification to Oregon Department of Agriculture – Districts and Persons 603–095–4025
Review of Notification 603–095–4030
Mandatory Notice Conditions 603–095–4035
Certifications of Compliance with Other Applicable Laws 603–095–4040
Prohibitions 603–095–4045
Variances 603–095–4050
Entry Upon Land 603–095–4055
Compliance and Enforcement Procedures 603–095–4060
Expedited Review
Last Updated

Jun. 8, 2021

Rule 603-095-0840’s source at or​.us