ORS 196.681
Duties of department

  • standards for approval of plan
  • conditions for approval
  • order

(1)

In accordance with rules adopted pursuant to this chapter, the Department of State Lands shall:

(a)

Review any proposed wetland conservation plan or proposed amendment to an approved wetland conservation plan against the standards in this section;

(b)

Prepare a proposed order that approves, approves with conditions or denies the proposed wetland conservation plan or proposed amendment to an approved wetland conservation plan;

(c)

Provide notice and the opportunity for public hearing and comment on the proposed order;

(d)

Consult with affected local, state and federal agencies; and

(e)

Consider the applicable findings made in the order of acknowledgment issued by the Land Conservation and Development Commission.

(2)

The Director of the Department of State Lands may approve by order a wetland conservation plan that includes the necessary elements of ORS 196.678 (Wetland conservation plans) (2) and meets the standards of subsections (3) and (4) of this section.

(3)

A wetland conservation plan shall comply with the following standards:

(a)

Uses and activities permitted in the plan including fill or removal, or both, conform to sound policies of conservation and will not interfere with public health and safety;

(b)

Uses and activities permitted in the plan including fill or removal, or both, are not inconsistent with the protection, conservation and best use of the water resources of this state and the use of state waters for navigation, fishing and public recreation; and

(c)

Designation of wetlands for protection, conservation and development is consistent with the resource functions and values of the area and the capability of the wetland area to withstand alterations and maintain important functions and values.

(4)

Wetland areas may be designated for development including fill or removal, or both, only if they meet the following standards:

(a)

There is a public need for the proposed uses set forth in the acknowledged comprehensive plan for the area;

(b)

Any planned wetland losses shall be fully offset by creation, restoration or enhancement of wetland functions and values or in an estuarine area, estuarine resource replacement is consistent with ORS 196.830 (Estuarine resource replacement as condition for fill or removal from estuary); and

(c)

Practicable, less damaging alternatives, including alternative locations for the proposed use are not available.

(5)

Approval by the director of a wetland conservation plan shall be conditioned upon adoption by the affected local governments of comprehensive plan policies and land use regulations consistent with and sufficient to implement the wetland conservation plan. Appropriate implementing measures may include the following planning and zoning requirements regulating:

(a)

Adjacent lands or buffer areas necessary to maintain, protect or restore wetland functions and values, including riparian vegetation, and the uses to be allowed in those areas;

(b)

Sites for mitigation of impacts from development activities;

(c)

Upland areas adjacent to wetlands; and

(d)

Activities or location of buildings, structures and improvements which may affect wetland values or functions, such as storm water runoff.

(6)

The director shall issue an order approving, approving with conditions or denying a wetland conservation plan, including a clear statement of findings which sets forth the basis for the approval, conditioning or denial. The order shall include:

(a)

A clear statement of findings that the elements specified in ORS 196.678 (Wetland conservation plans) (2) have been developed;

(b)

The findings in support of the determination of compliance or noncompliance with the standards in subsections (3) and (4) of this section; and

(c)

The conditions under which fill or removal or both may occur.

(7)

The director may, as a part of an order approving a plan, authorize site-specific fill or removal without an individual permit as required by ORS 196.810 (Permit for removal of material from or fill of waters) provided that:

(a)

The director adopts findings demonstrating that fill or removal for any proposed project complies with ORS 196.682 (Permits required for removal or fill) (1)(a) to (e); or

(b)

The director adopts findings that specific areas of fill or removal within areas designated as development in the plan meet the following standards:

(A)

The fill or removal approved by the order will result in minimal impacts to the wetland system in the planning area;

(B)

The public need for the proposed area of fill or removal outweighs the environmental damage likely to result from full development;

(C)

The director conditions any such order as necessary to ensure that the fill or removal, or both, is designed to minimize impacts from implementing the project; and

(D)

Full replacement of wetland losses is provided through creation, restoration or enhancement of wetlands with comparable functions and values.

(8)

Upon a finding by the director that a fill or removal, or both, authorized under subsection (7)(b) of this section has caused or is likely to cause more than minimal adverse impact to the wetland system considering required mitigation conditions, the director shall revise the order to require individual permit review according to ORS 196.682 (Permits required for removal or fill) or provide additional conditions to ensure that adverse impacts are minimal. Such revision shall not be subject to ORS 196.684 (Amendment of plans). [1989 c.837 §11; 1999 c.59 §52]

Source: Section 196.681 — Duties of department; standards for approval of plan; conditions for approval; order, https://www.­oregonlegislature.­gov/bills_laws/ors/ors196.­html.

196.105
Definitions for ORS 196.105 to 196.125 196.107
Legislative findings on management plan 196.109
Effect of revision of urban area boundaries within scenic area on management plan 196.110
Land use regulation in Columbia River Gorge National Scenic Area 196.115
Appeal from decision of Columbia River Gorge Commission or county 196.120
Exercise of eminent domain 196.125
Buffer by regulation around Columbia River Gorge National Scenic Area prohibited 196.150
Compact provisions 196.155
Authority for state officers and agencies to carry out duties under compact 196.160
Membership on Columbia River Gorge Commission 196.165
Status of commission employees for purposes of certain benefits 196.175
Pacific Ocean Resources Compact ratified 196.180
Compact provisions 196.185
Representation on compact 196.200
Definitions for ORS 196.200 to 196.240 and 196.993 196.205
Establishment of Willamette Falls Locks Authority as independent public corporation 196.210
Membership of authority 196.215
Executive director 196.220
Powers and duties of authority 196.225
Creation of tax-exempt entity by authority 196.230
Revenue bonds issued by authority 196.235
Financing agreements 196.240
Audits 196.405
Definitions for ORS 196.405 to 196.515 196.407
Policy 196.408
Duties of state agencies 196.410
Legislative findings for offshore oil and gas leasing 196.415
Legislative findings for ocean resources management 196.420
Policy 196.425
Oregon Ocean Resources Management Program 196.435
Primary agency for certain federal purposes 196.438
Ocean Policy Advisory Council 196.443
Duties of council 196.448
Member compensation 196.451
Technical advisory committee 196.453
Project review panels 196.455
Coordination with federal programs 196.465
Compatibility of acknowledged comprehensive plans 196.471
Territorial Sea Plan review requirements 196.485
State agency coordination requirements 196.515
Short title 196.540
Marine reserves 196.542
Limitation on ability of State Fish and Wildlife Commission to adopt prohibitions on fishing by rule 196.545
Work plan 196.550
Funding 196.555
Reporting 196.565
Oregon Ocean Science Trust 196.566
Trust duties 196.567
Oregon Ocean Science Fund 196.568
Reimbursement from fund 196.569
Report 196.570
Agreements between Oregon Ocean Science Trust and private organizations 196.571
Policy 196.572
Oregon Coordinating Council on Ocean Acidification and Hypoxia 196.573
Council duties 196.575
Authorization to obtain federal oceanographic data 196.580
Liaison program duties 196.583
Requirement to share geological data regarding territorial sea floor 196.600
Definitions for ORS 196.600 to 196.655 196.605
Purpose 196.610
Powers of Director of Department of State Lands 196.615
Program for mitigation banks 196.620
Resource values and credits for mitigation banks 196.623
Watershed enhancement project as mitigation bank 196.625
Fill and removal activities in mitigation banks 196.630
Rules 196.635
Director to consult and cooperate with other agencies and interested parties 196.640
Oregon Removal-Fill Mitigation Fund 196.643
Payments to comply with permit condition, authorization or resolution of violation 196.645
Sources of fund 196.650
Use of fund 196.655
Report on Oregon Removal-Fill Mitigation Fund 196.660
Effect of ORS 196.600 to 196.655 196.665
Short title 196.668
Legislative findings 196.672
Policy 196.674
Statewide Wetlands Inventory 196.676
Response to notices from local governments 196.678
Wetland conservation plans 196.681
Duties of department 196.682
Permits required for removal or fill 196.684
Amendment of plans 196.686
Acknowledged estuary management plans 196.687
Regulation of alteration or fill of artificially created wetlands 196.688
Public information program 196.692
Rules 196.795
Streamlining process for administering state removal or fill permits 196.800
Definitions for ORS 196.600 to 196.921 196.805
Policy 196.810
Permit for removal of material from or fill of waters 196.812
Large woody debris 196.815
Application for permit 196.816
General permits allowing removal of certain amount of material for maintaining drainage 196.817
General permits 196.818
Wetland delineation reports 196.820
Prohibition against issuance of permits to fill Smith Lake or Bybee Lake 196.825
Criteria for issuance of permit 196.830
Estuarine resource replacement as condition for fill or removal from estuary 196.835
Hearing regarding issuance of permit 196.845
Investigations and surveys 196.850
Waiving permit requirement in certain cases 196.855
Noncomplying removal of material or filling as public nuisance 196.860
Enforcement powers of director 196.865
Revocation, suspension or refusal to renew permit 196.870
Abatement proceedings 196.875
Double and treble damages for destruction of public right of navigation, fishery or recreation 196.880
Fill under permit presumed not to affect public rights 196.885
Annual report of fill and removal activities 196.890
Civil penalties 196.895
Imposition of civil penalties 196.900
Schedule of civil penalties 196.906
Legislative findings and declarations 196.909
Definitions 196.911
Maintenance without permit 196.913
Prohibitions 196.915
State agencies’ review and responses to notice 196.917
Notice of violation 196.919
Memoranda of understanding 196.921
Applicability 196.931
Monitoring fill and removal activities 196.990
Penalties for unpermitted removal from or filling of waters 196.993
Penalties for unauthorized use of Willamette Falls Locks
Green check means up to date. Up to date

Current through early 2024

§ 196.681’s source at oregon​.gov