Columbia River Gorge

ORS 196.911
Maintenance without permit

  • applicability
  • notice


(1)

Notwithstanding the permit requirements of ORS 196.810 (Permit required to remove material from bed or banks of waters), a person may engage in removal activities or fill activities, or both, for conducting maintenance of a traditionally maintained channel without a permit from the Department of State Lands if:

(a)

The person has a valid notice of maintenance activities on file with the State Department of Agriculture prior to initiating activities for the maintenance of a traditionally maintained channel; and

(b)

The maintenance activities are conducted in compliance with the notice described in paragraph (a) of this subsection and with ORS 196.913 (Prohibitions) and 196.915 (State agencies’ review and responses to notice).

(2)

Notwithstanding the permit requirements of ORS 196.810 (Permit required to remove material from bed or banks of waters), a district organized under ORS chapter 545, 547, 552 or 553 or a district improvement company or district improvement corporation organized under ORS chapter 554 may engage in removal activities or fill activities, or both, for conducting maintenance of a traditionally maintained channel without a permit from the Department of State Lands if:

(a)

The district, company or corporation has a valid notice of maintenance activities on file with the State Department of Agriculture prior to initiating activities for the maintenance of a traditionally maintained channel;

(b)

The maintenance activities are conducted in compliance with the notice described in paragraph (a) of this subsection and with ORS 196.913 (Prohibitions) and 196.915 (State agencies’ review and responses to notice); and

(c)

The governing body of the district, company or corporation, as part of the notice filed pursuant to subsection (3) of this section, agrees to submit to the jurisdiction of the Department of State Lands and the State Department of Agriculture for purposes of enforcement of ORS 196.906 (Legislative findings and declarations) to 196.919 (Memoranda of understanding).

(3)

A person shall file a notice of maintenance activities with the State Department of Agriculture on a form developed by the department. A notice filed under this subsection is valid for a period of five years from the date that the notice is filed. The notice must:

(a)

Identify the location of the traditionally maintained channel in which the maintenance activities will occur;

(b)

Include a description of the maintenance activities that, at a minimum, identifies the linear miles of channel to be maintained and the estimated volume per linear mile of material that will be removed from the channel over the course of a five-year period; and

(c)

If the maintenance activities will be undertaken in part by a district, company or corporation described in subsection (2) of this section and in part by persons subject to the jurisdiction of the district, company or corporation, clearly identify which activities will be undertaken by the district, company or corporation and which activities will be undertaken by a person subject to the jurisdiction of the district, company or corporation.

(4)

A district, company or corporation described in subsection (2) of this section shall endeavor to submit the notice required under subsection (2) of this section in coordination with submission of notices under subsection (1) of this section by persons subject to the jurisdiction of the district, company or corporation. The State Department of Agriculture may develop a consolidated form for the filing of notices by districts, companies and corporations and persons subject to the jurisdiction of the districts, companies and corporations. [2019 c.699 §4]
Note: See note under 196.906 (Legislative findings and declarations).

Source

Last accessed
Jun. 26, 2021