Columbia River Gorge

ORS 196.817
General permits

  • rules


(1)

(a) Notwithstanding ORS 196.810 (Permit required to remove material from bed or banks of waters), the Department of State Lands may establish a removal or fill general permit:

(A)

By rule for processing applications on a statewide or geographic basis; or

(B)

By order for an applicant or group of applicants to cover activities that are substantially similar in nature, are recurring or ongoing, and have predictable effects and outcomes.

(b)

The department must find that the project is in compliance with the review standards set forth in ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.921 (Applicability) and would not result in long-term harm to water resources of this state.

(c)

The department shall condition any such general permit upon actions necessary to minimize environmental effects.

(2)

(a) Any person proposing to conduct an action under a general permit specified in subsection (1)(a)(A) of this section shall apply to the department in accordance with procedures set forth by the department by rule.

(b)

Any person proposing to conduct an action under a general permit specified in subsection (1)(a)(B) of this section shall apply to the department in accordance with procedures set forth by the department by order.

(3)

The department shall amend or rescind any general permit upon a determination that the activities conducted under the permit have resulted in or would result in unacceptable individual or cumulative environmental effects or long-term harm to the water resources of this state.

(4)

Any person proposing to conduct an action under a general permit shall pay the applicable fee required under ORS 196.815 (Application for permit) for individual permit applications. [2007 c.849 §9; 2011 c.559 §1]
§§ 196.800 to 196.905

(formerly 541.605 to 541.695)

Notes of Decisions

These sections, regulating landfills, are codification of common law public trust doctrine that public use of lands underlying navigable waters may not be substantially modified except for water-related purposes. Morse v. Division of State Lands, 34 Or App 853, 581 P2d 520 (1978), aff'd 285 Or 197, 590 P2d 79 (1979)

Atty. Gen. Opinions

Right of private owner and ports to fill tidelands as subject to public rights, (1971) Vol 35, p 844; state's authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285; authority of the legislature to extinguish public rights in navigable waters and to charge a fee therefor, (1973) Vol 36, p 348; authority to issue permit for removal of ocean shore natural products from state recreation areas, (1974) Vol 36, p 807; authority to pay for Removal and Fill Permit Program administration out of Common School Fund, (1980) Vol 40, p 190

Law Review Citations

4 EL 351-355 (1974); 10 EL 675 (1980); 61 OLR 523 (1982); 19 EL 637 (1989); 21 EL 152 (1991)


Source

Last accessed
Jun. 26, 2021