Permit for removal of material from or fill of waters
- rules
Source:
Section 196.810 — Permit for removal of material from or fill of waters; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors196.html
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Notes of Decisions
Complaint must allege the statutory amount of material filled or removed. State ex rel Cox v. Wolfe, 25 Or App 551, 549 P2d 1281 (1976)
Notwithstanding that mining claim was on Federal property, federal mining laws did not act to preempt state regulation pursuant to this section. State ex rel Cox v. Hibbard, 31 Or App 269, 570 P2d 1190 (1977)
Since this section does not clearly indicate legislative intent to dispense with culpable mental state requirement, offense was not violation under ORS 161.105. McNutt v. State of Oregon, 56 Or App 545, 642 P2d 692 (1982), aff’d 295 Or 580, 668 P2d 1201 (1983)
This statute, defining offense of removal of material from stream contrary to conditions of a permit, does not clearly indicate legislative intent to dispense with culpable mental state and may be upgraded from violation to misdemeanor if district attorney elects to plead and prove criminal negligence. McNutt v. State of Oregon, 56 Or App 545, 642 P2d 692 (1982), aff’d 295 Or 580, 668 P2d 1201 (1983)
Removal or fill of 50 cubic yards or more of material in connection with activities customarily associated with agriculture requires permit if removal or fill is in salmonid stream. Bridgeview Vineyards, Inc. v. State Land Board, 211 Or App 251, 154 P3d 734 (2007), Sup Ct review denied
Attorney General Opinions
Right of private owner and ports to fill tidelands as subject to public rights, (1971) Vol 35, p 844; fresh water wetland or marsh area as “waters of this state” requiring permit prior to any filling or removal of material, (1979) Vol 39, p 690; Division of State Lands’ authority to require lease or fill or removal permit for private company to dredge submerged offshore lands to harvest clams, (1980) Vol 40, p 35; Approval of projects located within scenic waterway and involving less than 50 cubic yards of material, (1982) Vol. 42, p 211