RULES FOR OREGON SCENIC WATERWAY REMOVAL FILL PERMITS
INCLUDING
RECREATIONAL PROSPECTING AND PLACER MINING
141-100-0000
Definitions
For purposes of these rules, the definitions contained in ORS 390.805 apply. In addition, the following definitions apply:
(1) "Activity" means any action(s) or project(s) involving the filling, removal or alteration of the bed or banks of the waters of a Scenic Waterway, regardless of the amount of material involved or area disturbed. Types of Activities (Note1) include:
(a) Riverbank Erosion Control/Wetland Restoration;
(b) Bridge;
(c) Pipeline;
(d) Sand and Gravel Removal;
(e) Irrigation Diversion Work (permanent and temporary);
(f) Fishery Enhancement Structure (Note 2);
(g) Temporary Construction Works (e.g., cofferdams);
(h) Dredge Material Disposal;
(i) Stream Gauging Station (Note 3);
(j) Oil and Gas Exploration and Development;
(k) Bulkhead;
(l) Utility Crossing;
(m) Boat Ramp;
(n) Water Intake;
(o) Channel Access Dredging;
(p) Boat Dock;
(q) Road Fill;
(r) Fills for Structures;
(s) Underwater Blasting;
(t) Riverbank Excavation (e.g., bank sloping/reshaping);
(u) Stormwater, Waste Water;
(v) Sewer Outfall;
(w) Prospecting; and
(x) Recreational Placer Mining using equipment that does not involve dredging (Note 4)
NOTES: (1) This is not an exhaustive list of activities that could result in fill, removal, or alteration of the bed and banks of a Scenic Waterway. (2) ORS 390.835(5) allows the Oregon Department of Fish and Wildlife to undertake these projects without Scenic Waterway review. However, a removal-fill permit, lease, easement, or license may be needed. (3) ORS 390.835(6) allows the Water Resources Commission to undertake these projects without Scenic Waterway review. However, a removal-fill permit, and/or lease, easement, or license may be needed. (4) Due to action by the 2001 Oregon legislature (Oregon Laws 2001, Chapter 499, section 4), the Department is no longer authorized to issue permits for dredging related to recreational placer mining on scenic waterways.
(2) "Bed and/or Banks" means the land lying beneath the waters of the Scenic Waterway and extending to the Ordinary High Water Line.
(3) "Demonstrated Need" means the proposed activity is clearly and convincingly required.
(4) "Director" is the Director of the Department of State Lands (ORS 196.800(3)) or designate.
(5) "Department" means the Oregon Department of State Lands and/or its Director or designate.
(6) "Dredging" means to dig, gather or pull out with a machine.
(7) "Easement" is a property right granted by the Department to use state-owned land for a specific purpose and time period.
(8) "Emergency Circumstances" are immediate natural or human caused events such as, but not limited to fire, flood, or hazardous substance spills, the effects of which require prompt action to prevent irreparable harm, injury or damage to persons or property.
(9) "Irreparable" means without reasonable possibility of repair or restoration, or an extreme condition that cannot be corrected.
(10) "Lease" is an agreement between a person and the Department allowing a specific use of state-owned land for a specific period of time, subject to specified terms and conditions.
(11) "License" is a temporary, short-term (usually less than one year) authorization from the Department for a particular use or activity on state-owned land.
(12) "Navigable Waterway" is any waterbody within the State of Oregon that has been declared navigable for purposes of state ownership by a federal court, or meets the following criteria generally established by federal courts to determine title navigability:
(a) The waterbody must be capable of, or susceptible to, use as a highway for the transportation of people or goods;
(b) Transportation must be conducted in customary modes of trade and travel on water;
(c) Waters must be navigable in their natural and ordinary condition;
(d) Title navigability is determined as of the date of statehood (February 14, 1859).
(13) "Ordinary High Water" is the line on the bank or shore of a waterway to which the water ordinarily rises annually in season. The Ordinary High Water line excludes exceptionally high water levels caused by large flood events. The Department establishes ordinary high water by reference to historical data, vegetation, field observations, survey, or other generally accepted methods under OAR 141-085.
(14) "Person" is an individual, political subdivision, or government agency; or any corporation, association, firm, partnership, joint stock company; or quasi-public corporation registered to do business in the State of Oregon.
(15) "Prospecting/Recreational Prospecting" means to search or explore for samples of gold, silver or other precious minerals, using non-motorized methods, by filling, removing or moving by artificial means less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material from within the bed or wet perimeter of any single Scenic Waterway in a single year.
(16) "Recreational Placer Mining" means to remove, fill or move by artificial means, one cubic yard or more of material at any one individual site and cumulatively, less then 25 cubic yards of material annually from or within the bed of a State Scenic Waterway by methods other than dredging. "Recreational placer mining" does not include dredging, which is no longer authorized in State Scenic Waterways. "Recreational placer mining" also does not include recreational prospecting that does not require a permit.
(17) "Related Adjacent Land" is all land within 1/4 of one mile of the bank of Waldo Lake, or any river or segment of river within a Scenic Waterway, except land that, in the Oregon Parks and Recreation Department's (OPRD) judgment, does not affect the view from the waters within a Scenic Waterway.
(18) "Repair" means to restore or reconstruct to a safe, sound, or original condition in order to protect persons or property from loss as a result of an unforeseeable event, such as, but not limited to, fire, flood, or hazardous substance spills.
(19) "Scenic Waterway" as described in ORS 390.805(3) includes Waldo Lake, or any river segment that has been designated under ORS 390.805 to 390.925 or any subsequent act, and includes related adjacent lands.
(20) "Scenic Waterway Emergency Removal-fill Permit" is an authorization issued by the Director for temporary, emergency-specific removal-fill activity in a Scenic Waterway upon a finding of emergency circumstances.
(21) "Scenic Waterway Removal-fill Permit" is an authorization issued by the Department for any removal, filling or alteration of the bed and banks of a Scenic Waterway.
(22) "Special Attribute" means an aesthetic, scenic, environmental, scientific, recreational or similar feature(s) identified by OPRD in a Scenic Waterway Management Plan as the value that caused a particular waterway to be included in the Oregon Scenic Waterway Program. (ORS 390.845)
(23) "Waters of a Scenic Waterway" are any waters within a designated Scenic Waterway, including its related adjacent lands that are subject to the jurisdiction of the Department.
(24) "Wet Perimeter" means the area of the stream that is underwater, or is exposed as a non-vegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs.
Stat.
Auth.: ORS 196.800 - 196.990, 390.835, 478 & 223
Stats.
Implemented: ORS 390.835, 478 & 223, 1997 OL
Hist.:
LB 3-1994, f. 5-11-94, cert. ef. 5-15-94; DSL 3-1998, f. & cert. ef. 4-22-98;
DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06; DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09
141-100-0010
Purpose
Pursuant to ORS 390.835(2) and (3), these rules establish procedures for the consideration of permit applications for fill, removal, and other alterations of the beds and banks of Scenic Waterways.
Stat. Auth.: ORS
196.800 - ORS
196.990, ORS
274 .040 & ORS
390.835(2) & (3)
Stats. Implemented: ORS
196.800 - ORS
196.990, ORS
274 , ORS
390.805 & ORS
390.835
Hist.: LB 3-1994, f. 5-11-94, cert. ef. 5-15-94
141-100-0020
Policy
The Department shall:
(1) Preserve and protect the natural setting, water quality, and free flowing condition of Scenic Waterways. ORS 390.815
(2) Recognize recreation, fish and wildlife uses as the highest and best uses of the waters of a Scenic Waterway. ORS 390.835(1)
(3) Protect and enhance scenic, aesthetic, natural, historic, archaeological, recreation, scientific, and fish and wildlife values along Scenic Waterways by protecting the special attributes (as listed in each Scenic Waterway Management Plan prepared by OPRD) that caused the waterway to be included in the Scenic Waterway system.
(4) Not authorize activities prohibited by law (dams, reservoirs, impoundments, all types of large-scale placer mining and the use of any dredges).
(5) Require applicants to employ streambank stabilization and rehabilitation techniques utilizing native riparian vegetation and other non-structural alternatives, unless it can be demonstrated such approaches are unlikely to be effective for the given situation under consideration by the Department.
(6) Prohibit filling, removal, or alteration of the beds and banks of Scenic Waterways except as permitted by the Director as provided in these rules.
(7) Recognize the interrelated nature of regulatory activities affecting Scenic Waterways and the need to achieve coordinated management and protection of Scenic Waterway values. The Department shall work in close cooperation with state, local, and federal agencies, particularly OPRD, Water Resources Department (WRD), Department of Environmental Quality (DEQ), Oregon Department of Fish and Wildlife (ODFW), U.S. Army Corps of Engineers (COE), affected Tribes, and local government land use planning agencies.
(8) Recognize the high level of public interest in Oregon Scenic Waterway management by providing opportunities for comment on proposed policies or rules and individual applications.
(9) Adhere to the Department's State Agency Coordination Program (OAR 141-095-0005 to 0015), to assure compliance with the statewide planning goals and compatibility with acknowledged city and county comprehensive land use plans.
Stat.
Auth.: ORS 196.800 - 196.990, 390.835, 478, 223
Stats.
Implemented: ORS 390.835, 478, 223, 1997 OL
Hist.:
LB 3-1994, f. 5-11-94, cert. ef. 5-15-94; DSL 3-1998, f. & cert. ef. 4-22-98;
DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06; DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09
141-100-0030
Coordination with Key Agencies Involved in Scenic Waterway Management
(1) Managing the Scenic Waterway Program is a cooperative effort of the OPRD, WRD and the Department. In addition, ODFW, DEQ, the Department of Forestry (DOF) and the Oregon State Marine Board play key roles. Therefore, the Department shall:
(a) Coordinate the review and issuance of all Scenic Waterway removal-fill permits with the affected state agencies;
(b) Coordinate the investigation of alleged Scenic Waterway removal-fill violations with affected agencies;
(c) Advise applicants of the need to obtain concurrence from OPRD for projects on related adjacent lands; and
(d) Seek to utilize the expertise of other agency staff.
(2) Because many Scenic Waterways are also included in the federal Wild and Scenic River system or similar designations on tribal lands, the Department will work closely with the appropriate federal agencies (U.S. Forest Service (USFS), Bureau of Land Management (BLM), and COE) and affected Tribes as follows:
(a) Fully coordinate the review and issuance of all Scenic Waterway removal-fill permits with the analysis outlined in the Review Procedures for Scenic Waterway Removal-fill Permits (OAR 141-100-0050(2)), and participate in National Environmental Protection Act review or any similar evaluations conducted by federal agencies; and
(b) Immediately notify the appropriate federal agency or affected Tribe of alleged Scenic Waterway removal-fill violations.
Stat.
Auth.: ORS 196.800 - 196.990, 274.040 & 390.835(2) & (3)
Stats.
Implemented: ORS 196.800 - 196.990, 274, 390.805, 390.835
Hist.:
LB 3-1994, f. 5-11-94, cert. ef. 5-15-94; DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06;
DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09
141-100-0040
Permit Types
One of the following types of permits is required prior to undertaking any removal-fill activity within waters of a Scenic Waterway:
(1) Scenic Waterway Removal-fill Permit; or
(2) Scenic Waterway Emergency Removal-fill Permit.
Stat.
Auth.: ORS 196.800 - 196.990, 274.040 & 390.835(2) & (3)
Stats.
Implemented: ORS 196.800 - 196.990, 274, 390.805, 390.835
Hist.:
LB 3-1994, f. 5-11-94, cert. ef. 5-15-94; DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09
141-100-0050
Scenic Waterway Removal-fill Permits
(1) Application Procedures. Applications for approval of removal-fill activities in Scenic Waterways shall be submitted to the Department in writing, in advance of the proposed activity, and shall include all information needed to evaluate the request. The application shall be submitted on the Joint Permit Application Form of the COE and the Department and must meet the standards for completed applications in OAR 141-085.
(2) Review Standards. The Department shall issue Scenic Waterway removal-fill permits only upon written findings that:
(a) The proposed activity is consistent with:
(A) The Scenic Waterway Act (ORS 390.805 to 390.925) (i.e., maintenance of free-flowing character, and highest and best uses of the water for fish, wildlife, and recreation), and these rules;
(B) Any applicable OPRD Scenic Waterway Management Plan or interim classification. The Department shall coordinate with OPRD and WRD prior to making this determination.
(b) The proposed activity is consistent with ORS 196.800 to 196.825 and 196.840 to 196.870, as well as associated rules related to removal of materials from the beds and/or banks and filling of any waters of this state, for projects greater than or equal to 50 cubic yards in volume
(c) The proposed activity meets a demonstrated need and minimizes adverse impacts to special attributes of designated Scenic Waterways;
(d) The proposed activity, individually or collectively, would not degrade fish, wildlife or recreation values; and
(e) For activities within navigable waterways, any required lease, license, easement, or right of entry has been or shall be obtained from the Department.
(3) Review Procedures:
(a) Applications shall be reviewed and processed in a manner consistent with OAR 141-085, the Department rules for individual removal and fill permits;
(b) In reviewing an application, the Department shall conduct the necessary investigations to develop a rational basis for a decision consistent with the requirements of the Review Standards and policies of this rule;
(c) The Department may consult with any person, group, or agency interested in or affected by a permit decision. Recommendations and comments regarding the project shall generally be required to be submitted in writing to the Director within 21 calendar days from the date the application notice is mailed by the Department;
(d) The Department shall provide application notice for comment to the Department of Fish and Wildlife, Department of Environmental Quality, Department of Land Conservation and Development, Department of Agriculture, Water Resources Department, Economic Development Department, State Parks and Recreation Department, State Historic Preservation Office, Department of Geology and Mineral Industries, Department of Transportation, Department of Forestry, and any other affected state or federal agency and Tribe. The Department shall also provide application notice to adjacent property owners listed on the application and interested persons who request notice;
(e) In accordance with the procedures in the Department State Agency Coordination Program, the Department shall provide application notice to the appropriate local government planning department(s) for a determination of the proposed activity's compatibility or non-compatibility with the affected city and county comprehensive plan(s) and land use regulations. If it is necessary to adopt findings of compliance with the statewide planning goals, the Department will act in accordance with its State Agency Coordination Program;
(f) The Department shall give reasonable consideration to permit conditions or comments offered by any person;
(g) The Director shall deny any permit application, based upon written findings, if the proposed activity does not comply with one or more of the Review Standards in this rule;
(h) Permits may be issued for multi-year projects in the same manner as OAR 141-085.
Stat.
Auth.: ORS 196.800 - 196.990, 390.835, 478 & 223
Stats.
Implemented: ORS 390.835, 478 & ORS 223, 1997 Law
Hist.:
LB 3-1994, f. 5-11-94, cert. ef. 5-15-94; DSL 3-1998, f. & cert. ef. 4-22-98DSL
2-2006, f. 3-21-06, cert. ef. 3-27-06; DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09
141-100-0055
Scenic Waterway Removal-fill Permit Requirements
(1) A permit will not be required for non-motorized methods of recreational prospecting resulting in filling, removing or moving by artificial means less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material from within the bed or wet perimeter of any single Scenic Waterway in a single year. Recreational prospecting is prohibited from any site where fish eggs are present.
(2) A permit will be required for non-motorized recreational placer mining involving filling, removing or moving by artificial means more than one cubic yard of material at any one individual site and, cumulatively, five cubic yards or more from within the bed or wet perimeter of any single scenic waterway in a single year. A permit will also be required for any amount of non-dredge, motorized placer mining.
(3) To be eligible for a Scenic Waterway removal-fill permit, recreational placer mining and non-dredge, motorized placer mining operations must conform to the following:
(a) The activity must be for recreational placer mining as defined in these rules;
(b) The activity shall not dam or divert a waterway or obstruct fish passage;
(c) Nozzling, sluicing, or digging shall not occur outside the wet perimeter, nor extend the wet perimeter;
(d) The activity shall not involve disturbance of rooted or embedded woody plants including trees and shrubs, regardless of their location (for example, on gravel bars);
(e) The activity shall not include excavation from the streambank (i.e, between the edge of the wet perimeter and the Ordinary High Water Line.);
(f) The activity shall not include movement of boulders, logs, stumps, or other woody material from the wet perimeter other than movement by hand and non-motorized equipment;
(g) Upon completion of the mining activity all piles, pits, furrows or potholes outside the main channel of the waterway created by the activity shall be leveled by hand.
(h) The recreational placer miner shall obtain landowner permission before operating on private property;
(i) The recreational placer miner shall obtain prior permission, as applicable, before operating on public lands;
(j) The activity shall occur only during the recommended in-water work period identified in the Oregon Department of Fish and Wildlife's "Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources";
(k) The activity must comply with other applicable local, state, and federal laws and regulations, including the federal Endangered Species Act;
(l) The activity shall not impede recreational boating;
(m) The activity shall not occur within the marked or posted swimming area of a designated campground or day use area except within a federally designated recreational mining site.
(4) To qualify for a Scenic Waterway removal-fill permit for recreational placer mining under these rules, the applicant shall, before beginning operation, submit to the Department an application on a form provided by the Department, or in a letter that includes the following information:
(a) The stream(s) and the location(s) the operator will be working;
(b) The type of equipment to be used; and
(c) The approximate amount of material to be moved by the activity and the anticipated number of days per year the activity will occur at each location.
(5) Within fifteen (15) working days of receipt of a completed application, the Department will review the application for compliance with the requirements in OAR 141-100-0055(1)(a)-(n) of these rules and notify the applicant of approval, denial, or modification. Where it determines that a proposed recreational placer mining activity qualifies for approval the Department will approve the application by letter. Where it determines that a proposed recreational placer mining activity does not meet the eligibility requirements the Department will:
(a) Deny the application and inform the applicant; or
(b) Request that the applicant modify the activity to conform with the requirements in OAR 141-100-0055(1)(a)-(n) of these rules.
(6) No permit approval for recreational placer mining will be issued with an expiration date greater than five (5) years from issue date.
(7) For the purposes of review and issuance of Scenic Waterway removal-fill permits for recreational placer mining, "Bed" means the land within the wet perimeter and any adjacent non-vegetated dry gravel bar.
(8) The authorization holder shall report, on a form provided by the Department, the estimated amount of material removed, placed or altered in each waterway operated in during the preceding calendar year. The Department must receive this report no later than January 31st of each year that this general authorization is valid.
Stat.
Auth.: ORS 196.800 - 196.990, 390.835, 478 & 223
Stats.
Implemented: ORS 390.835, 478 & 223, 1997 Law
Hist.:
DSL 3-1998, f. & cert. ef. 4-22-98; DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06;
DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09
141-100-0060
Scenic Waterway Emergency Removal/Fill Permits
(1) Application Procedures. Applications for a Scenic Waterway emergency removal-fill permit may be made verbally (e.g., by phone), or by written application, including facsimile, by the following procedures:
(a) Applicants shall provide the Department the following information:
(A) Location of emergency;
(B) A description of the emergency;
(C) The proposed action to be taken; and
(D) The potential consequences of taking no action.
(b) Within five calendar days of receiving a verbal confirmation of an emergency permit for removal-fill activities, the applicant shall submit to the Department a written emergency permit application, in accord with the procedures herein.
(2) Review Standards. The Director shall issue Scenic Waterway emergency removal-fill permits only after determination that:
(a) Natural or human-caused situation(s) exist which cause the emergency circumstance(s), such as, but not limited to, flooding, landslides, wildfire, and hazardous substance spills;
(b) It is necessary to make repairs or take action to prevent irreparable harm, injury, or damage to persons or property.
(3) Review Procedures. The Director shall conduct the review of Scenic Waterway emergency removal-fill permit applications by:
(a) Consulting with ODFW and OPRD prior to issuance of a temporary permit as provided by ORS 390.835(3)(a) and DEQ, and WRD (if applicable). Consultation may be achieved by Memorandum of Agreement with the applicable agencies and/or case-by-case permit review;
(b) Completing an investigation sufficient to develop a rational basis for a decision consistent with the requirements of the Review Standards;
(c) Consulting with others -- such as Tribes, federal land managers and regulators (e.g., if the proposed activity is within a Wild and Scenic River) -- depending upon circumstances and time constraints, and by reasonable consideration to recommendations for temporary permit conditions; and
(d) Assuring compatibility of the project, to the extent practical, with the affected local government(s) comprehensive plan and land use regulations.
(4) Permit Decisions:
(a) The Director may issue an emergency permit, only if all the Review Standards for emergency permits are met. Emergency permit issuance by the Director may be made by written confirmation to the applicant, verbally (to be followed by written confirmation), or through procedures established in Memoranda of Agreement with other agencies (e.g., through the Oregon Emergency Response System);
(b) The Department shall visit the site of the emergency permitted activity as soon as practicable following permit issuance;
(c) Following the issuance of an emergency permit, the Department shall review the emergency permit and determine if any further action is necessary to modify the permit conditions after the emergency has passed.
Stat.
Auth.: ORS 196.800 - 196.990, 390.835, 478 & 223
Stats.
Implemented: ORS 390.835, 478 & 223, 1997 OL
Hist.:
LB 3-1994, f. 5-11-94, cert. ef. 5-15-94; DSL 3-1998, f. & cert. ef. 4-22-98;
DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06; DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09
141-100-0070
Appeals
(1) Any applicant whose application to the Department for a permit has been denied, or who objects to any of the permit conditions imposed by the Director, may, within 10 calendar days of the denial of the permit or the imposition of any condition, request a hearing from the Director. The hearing shall be conducted as a contested case hearing in accordance with ORS 196.825(6).
(2) Any person, excluding permit applicants, aggrieved or adversely affected by issuance or denial of a permit by the Director may request a contested case hearing within 60 calendar days after the date of the permit decision in the manner provided by ORS 196.835.
Stat. Auth.: ORS 196.800
- 196.990, 390.835, 478 & 223
Stats.
Implemented: ORS 390.835, 478 & 223, 1997 OL
Hist.:
LB 3-1994, f. 5-11-94, cert. ef. 5-15-94; DSL 3-1998, f. & cert. ef. 4-22-98;
DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06; DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09
141-100-0080
Enforcement
The Director is authorized to take civil, criminal, or administrative action to enforce the Removal-fill Law as provided in ORS 196.860 to 196.990:
(1) In the event of unauthorized removal-fill activities greater than or equal to 50 cubic yards in volume, all the policies and procedures of the Removal-Fill Law concerning enforcement of removal-fill violations apply in Scenic Waterways. However, for Scenic Waterway violations, restoration of the affected area to pre-disturbance conditions, to the maximum extent practicable, shall be required.
(2) In the event of removal-fill activities less than 50 cubic yards in volume:
(a) A Cease and Desist Order may be issued to halt activity as provided in ORS 196.860(2), if the Department determines the removal-fill activity threatens to exceed 50 cubic yards in volume;
(b) The Department may coordinate with and assist other state agencies with explicit enforcement authority for Scenic Waterway violations by executing an Interagency Memoranda of Agreement for enforcement.
Stat.
Auth.: ORS 196.800 - 196.990, 390.835, 478 & 223
Stats.
Implemented: ORS 390.835, 478 & 223, 1997 OL
Hist.:
LB 3-1994, f. 5-11-94, cert. ef. 5-15-94; DSL 3-1998, f. & cert. ef. 4-22-98;
DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06; DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09
141-100-0090
Appeals of Enforcement Orders
Any person aggrieved by a proposed enforcement order of the Director for a removal-fill violation in a Scenic Waterway may request a contested case hearing within twenty calendar days of the date of personal service or mailing of the notice of order. However, requesting a contested case hearing on a Cease and Desist Order must be made within 10 calendar days of the date of personal service or mailing of the notice of order. Hearing procedures are the same as for other Removal-fill Law violations as provided in OAR 141-085.
Stat.
Auth.: ORS 196.800 - 196.990, 390.835, 478 & 223
Stats.
Implemented: ORS 390.835, 478 & ORS 223, 1997 OL
Hist.:
LB 3-1994, f. 5-11-94, cert. ef. 5-15-94; DSL 3-1998, f. & cert. ef. 4-22-98;
DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09
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