(1) As used in this section, ‘traditionally maintained channel’ has the meaning given that term in ORS § 196.909.

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(2) Notwithstanding ORS § 196.810, the Department of State Lands may establish by rule a general permit that allows the removal of no more than 100 cubic yards of material from waters of this state, including in essential indigenous anadromous salmonid habitat, for the purpose of maintaining drainage and protecting agricultural land.

(3) Notwithstanding ORS § 196.810, the department shall establish by rule one or more general permits that allow the removal of material from waters of this state, including in essential indigenous anadromous salmonid habitat, to conduct maintenance of traditionally maintained channels during channel conditions where flowing or standing water is present. The general permits must require the maintenance to be conducted in a manner that protects, maintains or improves existing agricultural and ecological functions of the channels, including the life history functions of fish and wildlife that inhabit the channels. In establishing a general permit under this subsection, the department shall utilize best available science and shall consult with the State Department of Agriculture, the State Department of Fish and Wildlife, other relevant state or federal agencies and representatives of agricultural interests and conservation interests.

(4) The Department of State Lands may waive the fees specified in ORS § 196.815 for removal taking place under the provisions of this section. [2011 c.713 § 7; 2019 c.699 § 9]

The amendments to 196.816 by section 8, chapter 403, Oregon Laws 2023, become operative on the earlier of the effective date of rules first adopted by the Director of the Department of State Lands under 196.806 or January 1, 2026. See section 15, chapter 403, Oregon Laws 2023. The text set forth below is operative on and after the earlier of the effective date of the rules adopted by the Director of the Department of State Lands or January 1, 2026.

(1) As used in this section, ‘traditionally maintained channel’ has the meaning given that term in ORS § 196.909.

(2) Notwithstanding ORS § 196.810, the Department of State Lands may establish by rule a general permit that allows the removal of no more than 100 cubic yards of material from waters of this state, including in essential indigenous anadromous salmonid habitat, for the purpose of maintaining drainage and protecting agricultural land.

(3) Notwithstanding ORS § 196.810, the department shall establish by rule one or more general permits that allow the removal of material from waters of this state, including in essential indigenous anadromous salmonid habitat, to conduct maintenance of traditionally maintained channels during channel conditions where flowing or standing water is present. The general permits must require the maintenance to be conducted in a manner that protects, maintains or improves existing agricultural and ecological functions of the channels, including the life history functions of fish and wildlife that inhabit the channels. In establishing a general permit under this subsection, the department shall utilize best available science and shall consult with the State Department of Agriculture, the State Department of Fish and Wildlife, other relevant state or federal agencies and representatives of agricultural interests and conservation interests.

(4) The Department of State Lands may waive the fees established by the Director of the Department of State Lands by rule under ORS § 196.806 for removal taking place under the provisions of this section.