Entry upon land; purpose; consultation with Department of Justice; notice to landowners
(1)After making a reasonable attempt to notify the landowner, the State Department of Agriculture or a designee of the department may enter any lands within the area subject to a water quality management plan for the purpose of determining:
(a)Those actions that may be required of landowners under ORS 568.900 (Definitions for ORS 568.900 to 568.933) to 568.933 (Civil penalties) or rules adopted under ORS 568.912 (Management plan rules); and
(b)Whether the landowner is carrying out the required actions.
(2)The State Department of Agriculture, or a designee of the State Department of Agriculture, shall periodically, and in no event less than once biennially, consult with the Department of Justice to ensure that the actions of the State Department of Agriculture taken under this section are consistent with section 9, Article I of the Oregon Constitution, and the Fourth Amendment to the United States Constitution.
(3)Prior to general initiation of inspections in an agricultural water quality management area for compliance with rules adopted under ORS 568.912 (Management plan rules), the department shall implement a process to notify the affected landowners within the boundaries of the area of any requirements that may by rule apply to landowners in the area. [1993 c.263 §6; 1997 c.657 §1; 2001 c.442 §2; 2001 c.594 §3]
§§ 568.900 to 568.933
Law Review Citations
30 EL 617 (2000)