(1) The Department of State Lands shall adopt rules to carry out the provisions of ORS § 196.668 to 196.692, 196.800, 196.810, 196.818, 196.825, 196.830, 196.850 to 196.860, 196.885, 196.921, 197.015, 197.279, 215.213, 215.283, 215.284, 215.418 and 227.350.

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(2) Rules adopted pursuant to subsection (1) of this section shall include rules governing the application for and issuance of permits to remove material from the beds or banks of any waters of this state or to fill any waters of this state including, but not limited to, clear and objective standards and criteria for determining whether to grant or deny a permit. [1989 c.837 § 32; 2001 c.460 § 1; 2007 c.850 § 4]

[Formerly 541.625; renumbered 196.825 in 1989]

[Formerly 541.626; renumbered 196.830 in 1989]

[Formerly 541.627; renumbered 196.835 in 1989]

[Formerly 541.630; renumbered 196.840 in 1989]

[Formerly 541.635; renumbered 196.845 in 1989]

[Enacted in lieu of 541.640; renumbered 196.850 in 1989]

[Formerly 541.645; renumbered 196.855 in 1989]

[Formerly 541.650; renumbered 196.860 in 1989]

[Formerly 541.655; renumbered 196.865 in 1989]

[Formerly 541.660; renumbered 196.870 in 1989]

[Formerly 541.662; renumbered 196.875 in 1989]

[Formerly 541.665; renumbered 196.880 in 1989]

[Formerly 541.670; renumbered 196.885 in 1989]

[Formerly 541.675; renumbered 196.890 in 1989]

[Formerly 541.680; renumbered 196.895 in 1989]

[Formerly 541.685; renumbered 196.900 in 1989]

[Formerly 541.695; renumbered 196.905 in 1989]

REMOVAL OF MATERIAL; FILLING

(Streamlining)

Section 2, chapter 45, Oregon Laws 1989, provides:

(1) Notwithstanding any other provision of ORS § 541.605 to 541.685 [renumbered 196.800 to 196.900 in 1989]:

(a) As used in ORS § 541.605 to 541.685 [renumbered 196.800 to 196.900 in 1989], ‘fill’ means the deposit by artificial means of material in any waters of this state.

(b) In the manner provided by ORS § 541.640 [196.850], the director may provide a general exception from the application of ORS § 541.605 to 541.685 [renumbered 196.800 to 196.900 in 1989] for fills that involve less than 50 cubic yards of material and will not result in substantial harm to the water resources of this state.

(2) This section does not become operative until the federal Environmental Protection Agency grants authority to the Department of State Lands to administer permits for the discharge of dredged or fill material under Section 404 of the Federal Water Pollution Control Act (P.L. 92-500, as amended). [1989 c.45 § 2]

See third note under 196.800.