ORS 196.686
Acknowledged estuary management plans

  • review and approval
  • hearings
  • final order

(1)

For the purposes of this section, an acknowledged estuary management plan includes the comprehensive plan and land use regulations adopted by cities and counties to satisfy the requirement of statewide planning goals related to estuarine resources including shoreland portions of estuarine sites designated for development as those plans and regulations existed on January 1, 1989.

(2)

Any city or county may submit an acknowledged estuary management plan for review and approval by the Department of State Lands pursuant to the provisions of this section. The plan shall be submitted with a written request for review.

(3)

To allow timely and effective review of acknowledged estuary management plans, the department may limit acceptance for review to two plans but not more than one plan for a deep draft development estuary at any one time.

(4)

With the consent of the city or county submitting an estuary management plan for review and approval, the department may extend any or all of the deadlines set forth in this section.

(5)

Acknowledged estuary management plans shall be presumed to comply with requirements for approval of wetland conservation plans specified in ORS 196.681 (Duties of department).

(6)

Within 10 days of acceptance of a request for review, the department shall provide notice to affected state agencies, local governments, federal agencies and the public of receipt of the acknowledged estuary management plan and of the request for review and approval of the acknowledged estuary management plan as a wetland conservation plan.

(7)

Within 30 days of acceptance of a request for review and upon provision of at least two weeks’ notice, the department shall hold a public informational hearing on the proposed approval of the acknowledged estuary management plan as a wetland conservation plan.

(8)

Within 60 days of acceptance of the request for review, the department shall conduct a preliminary review of the acknowledged estuary management plan. The department shall consult with the affected local government prior to finalizing the preliminary review.

(9)

Except as provided in subsection (10) of this section, the Director of the Department of State Lands shall approve the acknowledged estuary management plan by order within 60 days of completion of the preliminary review.

(10)

A contested case hearing shall be held within 30 days of the completion of the preliminary review or receipt of a request for hearing if:

(a)

The director determines there is probable cause to believe that the estuary management plan does not meet the standards for approving wetland conservation plans or unreasonably interferes with the use of the estuary for navigation, fisheries or public recreation; or

(b)

A hearing is requested and the request:

(A)

Is made in writing within 60 days of the date of mailing of notice of completion of review;

(B)

Clearly states the reasons for requesting the hearing; and

(C)

Provides sufficient information for the director to determine that there is probable cause to believe that the estuary management plan does not meet the standards for approving wetland conservation plans or unreasonably interferes with the use of the estuary for navigation, fisheries or public recreation.

(11)

The director shall approve the acknowledged estuary management plan as a wetland conservation plan by order unless the director finds by a preponderance of the evidence that the estuary management plan does not meet the standards for approving wetland conservation plans or unreasonably interferes with the use of the estuary for navigation, fisheries or public recreation or that substantial fills proposed in an estuary management plan for nonwater dependent use are not for a public use and would not satisfy a public need that outweighs harm to navigation, fisheries or public recreation.

(12)

The director shall prepare a proposed order for review by the parties within 30 days of any contested case hearing held pursuant to subsection (10) of this section.

(13)

A final order from the director that recommends, pursuant to subsection (8) of this section, denial of an estuary management plan as a wetland conservation plan shall identify deficient elements and provisions of the acknowledged estuary management plan and what measures may be taken to correct those deficiencies.

(14)

Individual permit applications shall be required for removal or fill, or both, in areas subject to an approved estuary management plan. Individual permit applications shall be reviewed in accordance with ORS 196.815 (Application for permit), 196.825 (Criteria for issuance of permit), 196.830 (Estuarine resource replacement as condition for fill or removal from estuary) and 196.835 (Hearing regarding issuance of permit). In lieu of the substantive standards for permit issuance in ORS 196.825 (Criteria for issuance of permit) (3), the department shall issue a permit if the removal or fill, or both, is determined by the director to be consistent with the estuary management plan or can be conditioned to be consistent with the plan. The department shall condition any such permit as necessary to ensure that the project:

(a)

Is designed or configured to minimize alterations to waters of this state;

(b)

Is the minimum size necessary to reasonably provide for the proposed use;

(c)

Is consistent with the resource capabilities of the area and the purposes of the management unit, unless this has been previously determined in the approved estuary management plan;

(d)

Is designed to minimize impacts from implementing the project; and

(e)

Has estuarine resource replacement measures for creation, restoration, enhancement or preservation that replaces impacted resources.

(15)

Judicial review of an order granting or denying approval of an estuary management plan as provided in this section shall be as provided in ORS 183.470 (Orders in contested cases).

(16)

Following approval by the director of an estuary management plan, the requirements of ORS 196.684 (Amendment of plans) shall apply to the approved estuary management plan. [1989 c.837 §14; 2007 c.849 §13; 2009 c.343 §17; 2011 c.370 §5]

Source: Section 196.686 — Acknowledged estuary management plans; review and approval; hearings; final 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
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