State Waters and Ocean Resources

ORS 196.850
Waiving permit requirement in certain cases

  • rules
  • notice
  • review
  • fees
  • disposition of fees


Notwithstanding ORS 196.810 (Permit for removal of material from or fill of waters), the Department of State Lands may, by rule, grant general authorization for removal of material from the bed or banks of any waters of this state or the filling of any waters of this state without a permit from the department if the department finds that the activities subject to the general authorization:


Are substantially similar in nature;


Would cause only minimal individual and cumulative environmental impacts; and


Would not result in long-term harm to water resources of the state.


A general authorization may be granted on a statewide or other geographic basis.


The department shall condition any general authorization upon actions necessary to minimize environmental impacts.


The department shall provide notice of any proposed general authorization to affected federal and state agencies, local governments, tribal governments and the public. The notice shall include:


A clear description of the proposal; and


Draft findings and any proposed conditions pursuant to this section.


Any person proposing to conduct an action under a general authorization shall:


Notify the department in writing prior to conducting the action.


Pay the applicable fee to the department as determined under subsection (9) of this section.


The department shall amend or rescind any general authorization upon a determination that the activities conducted under the authorization have resulted in or would result in more than minimal environmental impacts or long-term harm to the water resources of this state.


The department shall review each general authorization adopted pursuant to this section every five years. The review shall include public notice and opportunity for public hearing. After the review, the department may either modify, reissue or rescind the general authorization.


In addition to the grounds for review set forth in ORS 183.400 (Judicial determination of validity of rule) (4), on judicial review of the validity of a rule adopted under this section, the rule shall be reviewable for substantial evidence in the rulemaking record. The record shall include copies of all documents before the agency relevant to the findings required by subsection (1) of this section.


If the rule adopting a general authorization under this section is:


For actions that result in moving less than 50 cubic yards of material, the department may not charge a fee for the general authorization.


For actions that result in moving 50 or more cubic yards of material, the department may establish a fee for the general authorization. The fee may not exceed $250 and shall be based on the cost of processing the general authorization.


The department shall credit any fee collected under this section to the Common School Fund for use by the department in administration of ORS 196.600 (Definitions for ORS 196) to 196.921 (Applicability). [1989 c.837 §9 (enacted in lieu of 541.640); renumbered 196.850 (Waiving permit requirement in certain cases) in 1989; 2003 c.253 §11; 2007 c.849 §6]
Note: Operation of the amendments to 196.850 (Waiving permit requirement in certain cases) by section 4, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001, as amended by section 19, chapter 11, Oregon Laws 2009 (second note under 196.800 (Definitions for ORS 196)). The text that is operative after that approval, including amendments by section 12, chapter 253, Oregon Laws 2003, and section 7, chapter 849, Oregon Laws 2007, is set forth for the user’s convenience.


Last accessed
Mar. 11, 2023