OAR 603-095-4020
Notification to Oregon Department of Agriculture – Districts and Persons

(1) Notwithstanding the permit requirements of ORS 196.810 (Permit required to remove material from bed or banks of waters), a person may engage in removal-fill activities, or both, for conducting maintenance of a traditionally maintained channel without a permit from the Oregon Department of State Lands if:
(a) The person has a valid notice on file with the Oregon Department of Agriculture prior to initiating activities for the maintenance of a traditionally maintained channel; or
(b) The Department has not responded within 45 days of receiving a complete notification per ORS 196.915 (State agencies’ review and responses to notice)(3) and OAR 603-095 4020(6); and
(c) The maintenance activities are conducted in compliance with the notice described in paragraphs (a) or (b) of this subsection and with ORS 196.913 (Prohibitions) and 196.915 (State agencies’ review and responses to notice).
(2) Notwithstanding the permit requirements of ORS 196.810 (Permit required to remove material from bed or banks of waters), a district organized under ORS chapter 545, 547, 552 or 553 or a district improvement company or district improvement corporation organized under ORS chapter 554 may engage in removal-fill activities, or both, for conducting maintenance of a traditionally maintained channel without a permit from the Oregon Department of State Lands if:
(a) The district, company or corporation has a valid notice on file with the Oregon Department of Agriculture prior to initiating activities for the maintenance of a traditionally maintained channel; or
(b) The Department has not responded within 45 days of receiving a complete notification per ORS 196.915 (State agencies’ review and responses to notice)(3) and OAR 603-095 4020(6); and
(c) The maintenance activities are conducted in compliance with the notice described in paragraphs (a) or (b) of this subsection and with ORS 196.913 (Prohibitions) and 196.915 (State agencies’ review and responses to notice); and
(d) The governing body of the district, company or corporation, as part of the notice filed pursuant to subsection (3) of this section, agrees to submit to the jurisdiction of the Oregon Department of State Lands and the Oregon Department of Agriculture for purposes of enforcement of ORS 196.906 (Legislative findings and declarations) to 196.919 (Memoranda of understanding).
(3) At least 45 days prior to initiating removal-fill activities consistent with these rules and ORS 196.906 (Legislative findings and declarations) – 196.919 (Memoranda of understanding) any person or district seeking to conduct these maintenance activities must provide notice to the Oregon Department of Agriculture. The notice submitted to the Oregon Department of Agriculture must be complete and accurate.
(4) The Department shall determine if the notice is complete and accurate within five days of receiving a notice. The notice will be considered received only when the required information is complete and accurate and the necessary forms are on file at the Oregon Department of Agriculture. The Department shall promptly return incomplete or inaccurate notifications to the submitting party, and maintenance activities under ORS 196.906 (Legislative findings and declarations) – 196.919 (Memoranda of understanding) and these rules may not be initiated.
(5) Submitted notifications shall be completed on forms provided by the Oregon Department of Agriculture. The level of detail required may vary by maintenance activity complexity, potential impact, and other factors. In addition to any additional information required by the Department, the notice must include:
(a) A map to scale or aerial photograph, on which all maintenance activities are clearly delineated. The following information shall be shown on or accompany the map or aerial photograph:
(A) The location of and linear miles of channel to be maintained shall be clearly depicted. The start and stop points of each segment proposed for maintenance shall be identified with the latitude and longitude coordinates.
(B) The estimated volume per linear mile of material that will be removed from the channel over the five-year period.
(C) The location of all temporary and permanent areas where the fill material will be placed and a description of the placement method.
(D) For all temporary areas where material will be placed, the date by when the material will be removed, and the location of where the material will be permanently placed and a description of the placement method.
(E) If the maintenance activities will be undertaken in part by a district, company or corporation described in paragraph (1) of this section and in part by persons subject to the jurisdiction of the district, company or corporation, clearly identify which activities will be undertaken by the district, company or corporation and which activities will be undertaken by a person subject to the jurisdiction of the district, company or corporation
(b) Where more than one maintenance activity is occurring under a single notification then each activity must be delineated as described in paragraph (4)(a).
(6) The person who signed the notice shall immediately contact the Oregon Department of Agriculture and report any subsequent change to information contained in the notification. However, any additions to the locations or increase in volume of activities described in the notice shall require a separate notification. The separate notification shall be submitted prior to conducting any additional maintenance activities not covered by the original notice.
(7) Unless an application is determined to be incomplete or not eligible, the Oregon Department of Agriculture shall provide a response to a notice that is filed with the Department no later than 45 days after a complete notification is received. The response shall include any conditions in addition to those required under ORS 196.913 (Prohibitions) and OAR 605-095-4030(1), pursuant to the process described OAR 603-095-4025 (Review of Notification; Consultation with the Oregon Department of Fish and Wildlife; Final Determination by the Oregon Department of State Lands), for maintenance activities to occur in the traditionally maintained channel without a removal-fill permit. In addition to mandatory conditions that must be provided for each notice per OAR 603-095-4030 (Mandatory Notice Conditions)(1), the Oregon Department of Agriculture shall include those conditions provided under ORS 196.913 (Prohibitions)(2) and OAR 603-095-4025 (Review of Notification; Consultation with the Oregon Department of Fish and Wildlife; Final Determination by the Oregon Department of State Lands).
(8) Work as described in the notice may not commence until the notification has undergone review as described in these rules and all mandatory and required conditions for the notification are posted on the Oregon Department of Agriculture website. If the Department has not responded within 45 days of receiving a complete notification per ORS 196.915 (State agencies’ review and responses to notice)(3) and OAR 603-095 4020(7), then maintenance activities may proceed pursuant to ORS 196.913 (Prohibitions) and these rules. The five-year effective date for the valid notice starts on the date that the notification becomes valid.
(9) Valid notices posted on the Oregon Department of Agriculture website will contain all conditions required to proceed with maintenance activities for a traditionally maintained channel. Once posted to the website, a copy of the valid notice will be sent to the address on the notification via US mail and email.
(10) If a variance is granted by the Department, the terms and conditions of the variance shall be incorporated into the conditions of an amended valid notice and posted as part of the notification on the Department website.

Source: Rule 603-095-4020 — Notification to Oregon Department of Agriculture – Districts and Persons, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-095-4020.

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. 24, 2021

Rule 603-095-4020’s source at or​.us