As used in ORS § 196.906 to 196.919:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(1) ‘Adaptive management’ has the meaning given that term in ORS § 541.890.

(2) ‘Channel’ means the defined bed and bank that serve to confine where a stream of water runs.

(3) ‘Dry’ means:

(a) Channel conditions where no flowing or standing water is present, other than small quantities of water that may occur in low areas of the channel as a direct result of active maintenance activities; and

(b) For the channel of a waterway that is subject to tidal influence, the existence of channel conditions described in paragraph (a) of this subsection during all tidal conditions.

(4) ‘Maintenance’ means channel upkeep and removal from the channel of sediment, vegetation or debris, in the minimum amount necessary to restore the serviceability of the channel for facilitating drainage.

(5) ‘Traditionally maintained channel’ means the channel of a segment, set of segments or the entirety of a drainage ditch, intermittent stream or perennial stream that:

(a) Has been routinely subject to maintenance to facilitate drainage related to farming or ranching operations; and

(b) Has been serviceable for facilitating drainage within the past five years.

(6) ‘Undisturbed wetland’ means a wetland that has not been materially affected by human activity and as further defined by the Department of State Lands by rule. [2019 c.699 § 3; 2021 c.256 § 1]

See note under 196.906.

[1997 c.508 § 2; 1999 c.59 § 54; 2003 c.253 § 14; 2007 c.354 § 3; renumbered 196.931 in 2019]