ORS 196.692
Rules
(1)
The Department of State Lands shall adopt rules to carry out the provisions of ORS 196.668 (Legislative findings) to 196.692 (Rules), 196.800 (Definitions for ORS 196.600 to 196.921), 196.810 (Permit for removal of material from or fill of waters), 196.818 (Wetland delineation reports), 196.825 (Criteria for issuance of permit), 196.830 (Estuarine resource replacement as condition for fill or removal from estuary), 196.850 (Waiving permit requirement in certain cases) to 196.860 (Enforcement powers of director), 196.885 (Annual report of fill and removal activities), 196.921 (Applicability), 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), 197.279 (Approved wetland conservation plans comply with goals), 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties), 215.284 (Dwelling not in conjunction with farm use), 215.418 (Approval of development on wetlands) and 227.350 (Notice of proposed wetlands development).(2)
Rules adopted pursuant to subsection (1) of this section shall include rules governing the application for and issuance of permits to remove material from the beds or banks of any waters of this state or to fill any waters of this state including, but not limited to, clear and objective standards and criteria for determining whether to grant or deny a permit. [1989 c.837 §32; 2001 c.460 §1; 2007 c.850 §4](a)
As used in ORS 541.605 to 541.685 [renumbered 196.800 (Definitions for ORS 196.600 to 196.921) to 196.900 (Schedule of civil penalties) in 1989], “fill” means the deposit by artificial means of material in any waters of this state.(b)
In the manner provided by ORS 541.640 [196.850 (Waiving permit requirement in certain cases)], the director may provide a general exception from the application of ORS 541.605 to 541.685 [renumbered 196.800 (Definitions for ORS 196.600 to 196.921) to 196.900 (Schedule of civil penalties) in 1989] for fills that involve less than 50 cubic yards of material and will not result in substantial harm to the water resources of this state.(2)
This section does not become operative until the federal Environmental Protection Agency grants authority to the Department of State Lands to administer permits for the discharge of dredged or fill material under Section 404 of the Federal Water Pollution Control Act (P.L. 92-500, as amended). [1989 c.45 §2]
Source:
Section 196.692 — Rules, https://www.oregonlegislature.gov/bills_laws/ors/ors196.html
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