Management plan rules; required actions under rules; prohibiting specific practices; landowner appeals
(1)The State Department of Agriculture in consultation with the State Board of Agriculture may adopt rules necessary to implement a water quality management plan initiated under ORS 568.909 (Boundaries for land subject to water quality plans). The rules adopted under this subsection shall constitute the only enforceable aspects of a water quality management plan.
(2)Pursuant to rules adopted under subsection (1) of this section, the department may require any landowner whose land is located within an area subject to a water quality management plan to perform those actions on the landowner’s land necessary to prevent and control water pollution from agricultural activities and soil erosion. Such actions may include:
(a)Construction or maintenance of any works or facilities;
(b)Agricultural and cropping practices; or
(c)Any other measure or avoidance necessary for the prevention or control of water pollution of the waters of the state.
(3)No specific practice may be prohibited under this section unless the department has a scientific basis for concluding that the practice is a factor in causing water quality standards to be exceeded.
(4)A landowner subject to the rules adopted to implement a plan may appeal specific actions required of that landowner by the department to carry out a plan. The department shall establish by rule a procedure and criteria for the appeal process. [1993 c.263 §5; 2001 c.442 §1; 2001 c.594 §2]
§§ 568.900 to 568.933
Law Review Citations
30 EL 617 (2000)