2021 Oregon Revised Statutes
Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill
Section 196.415 - Legislative findings for ocean resources management.


(1) The Pacific Ocean and its many resources are of environmental, economic, aesthetic, recreational, social and historic importance to the people of this state.
(2) Exploration, development and production of ocean resources likely to result from both federal agency programs in federal waters of the outer continental shelf and initiatives of private companies within state waters will increase the chance of conflicting demands on ocean resources for food, energy and minerals, as well as waste disposal and assimilation, and may jeopardize ocean resources and values of importance to this state.
(3) The fluid, dynamic nature of the ocean and the migration of many of its living resources beyond state boundaries extend the ocean management interests of this state beyond the three geographic mile territorial sea currently managed by the state pursuant to the federal Submerged Lands Act.
(4) Existing federal laws, the Coastal Zone Management Act of 1972, the Coastal Zone Act Reauthorization Amendments of 1990, the Magnuson Fisheries Management and Conservation Act of 1976, as amended, and the Outer Continental Shelf Lands Act of 1978, recognize the interests of coastal states in management of ocean resources in federal waters and provide for state participation in ocean resources management decisions. The Coastal Zone Act Reauthorization Amendments of 1990 require that all federal coastal activities affecting natural resources, land uses and water uses in the coastal zone must be consistent with the federally approved Oregon Coastal Management Program.
(5) The 1983 Proclamation of the 200-mile United States Exclusive Economic Zone has created an opportunity for all coastal states to more fully exercise and assert their responsibilities pertaining to the protection, conservation and development of ocean resources under United States jurisdiction.
(6) It is important that the State of Oregon develop and maintain a program of ocean resources management to promote management of living and nonliving marine resources within state jurisdiction, to insure effective participation in federal agency planning and management of ocean resources and uses which may affect this state, and to coordinate state agency management of ocean resources with local government management of coastal shorelands and resources.
(7) While much is known about the ocean, its composition, characteristics and resources, additional study and research is required to gain information and understanding necessary for sound ocean planning and management. [1987 c.576 §3; 1991 c.501 §3; 2003 c.744 §4]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 05 - State Government, Government Procedures, Land Use

Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill

Section 196.105 - Definitions for ORS 196.105 to 196.125.

Section 196.107 - Legislative findings on management plan; effect of plan on land use decisions; decertification of plan.

Section 196.110 - Land use regulation in Columbia River Gorge National Scenic Area.

Section 196.115 - Appeal from decision of Columbia River Gorge Commission or county.

Section 196.125 - Buffer by regulation around Columbia River Gorge National Scenic Area prohibited.

Section 196.150 - Compact provisions.

Section 196.160 - Membership on Columbia River Gorge Commission.

Section 196.165 - Status of commission employees for purposes of certain benefits.

Section 196.175 - Pacific Ocean Resources Compact ratified.

Section 196.180 - Compact provisions.

Section 196.185 - Representation on compact.

Section 196.200 - Definitions for ORS 196.200 to 196.240 and 196.993.

Section 196.205 - Establishment of Willamette Falls Locks Authority as independent public corporation.

Section 196.210 - Membership of authority.

Section 196.215 - Executive director; status of director and employees.

Section 196.220 - Powers and duties of authority.

Section 196.225 - Creation of tax-exempt entity by authority.

Section 196.230 - Revenue bonds issued by authority.

Section 196.235 - Financing agreements.

Section 196.240 - Audits; report to Legislative Assembly.

Section 196.405 - Definitions for ORS 196.405 to 196.515.

Section 196.407 - Policy.

Section 196.408 - Duties of state agencies.

Section 196.410 - Legislative findings for offshore oil and gas leasing.

Section 196.415 - Legislative findings for ocean resources management.

Section 196.420 - Policy.

Section 196.425 - Oregon Ocean Resources Management Program.

Section 196.435 - Primary agency for certain federal purposes; restrictions.

Section 196.438 - Ocean Policy Advisory Council; members; term of office; quorum.

Section 196.443 - Duties of council.

Section 196.448 - Member compensation; meetings.

Section 196.451 - Technical advisory committee; duties; members; vacancies; advisory committees; rules.

Section 196.453 - Project review panels; guidelines.

Section 196.465 - Compatibility of acknowledged comprehensive plans.

Section 196.471 - Territorial Sea Plan review requirements.

Section 196.485 - State agency coordination requirements; incorporation of plans.

Section 196.540 - Marine reserves; rules.

Section 196.542 - Limitation on ability of State Fish and Wildlife Commission to adopt prohibitions on fishing by rule.

Section 196.545 - Work plan; use of data and recommendations.

Section 196.550 - Funding.

Section 196.555 - Reporting; rules.

Section 196.565 - Oregon Ocean Science Trust; members; terms; compensation and expenses; rules.

Section 196.566 - Trust duties.

Section 196.567 - Oregon Ocean Science Fund; sources; uses.

Section 196.568 - Reimbursement from fund.

Section 196.569 - Report.

Section 196.570 - Agreements between Oregon Ocean Science Trust and private organizations; records; use of funds.

Section 196.571 - Policy.

Section 196.572 - Oregon Coordinating Council on Ocean Acidification and Hypoxia; members; terms; compensation and expenses; rules.

Section 196.573 - Council duties; biennial report.

Section 196.575 - Authorization to obtain federal oceanographic data; joint liaison program; use of data.

Section 196.580 - Liaison program duties.

Section 196.583 - Requirement to share geological data regarding territorial sea floor.

Section 196.600 - Definitions for ORS 196.600 to 196.655.

Section 196.605 - Purpose.

Section 196.610 - Powers of Director of Department of State Lands; fees.

Section 196.615 - Program for mitigation banks; program standards and criteria; rules.

Section 196.620 - Resource values and credits for mitigation banks; use and withdrawal of credits; annual evaluation of system by director.

Section 196.623 - Watershed enhancement project as mitigation bank; sale of mitigation credit.

Section 196.625 - Fill and removal activities in mitigation banks; reports.

Section 196.635 - Director to consult and cooperate with other agencies and interested parties.

Section 196.640 - Oregon Removal-Fill Mitigation Fund; rules.

Section 196.643 - Payments to comply with permit condition, authorization or resolution of violation; report; rules.

Section 196.645 - Sources of fund.

Section 196.650 - Use of fund.

Section 196.655 - Report on Oregon Removal-Fill Mitigation Fund; contents.

Section 196.668 - Legislative findings.

Section 196.672 - Policy.

Section 196.674 - Statewide Wetlands Inventory; rules.

Section 196.678 - Wetland conservation plans; contents; procedure for adopting.

Section 196.681 - Duties of department; standards for approval of plan; conditions for approval; order.

Section 196.682 - Permits required for removal or fill; conditions on issuance of permit.

Section 196.684 - Amendment of plans; review of plans by department; review of orders by Land Use Board of Appeals.

Section 196.686 - Acknowledged estuary management plans; review and approval; hearings; final order.

Section 196.687 - Regulation of alteration or fill of artificially created wetlands.

Section 196.688 - Public information program.

Section 196.692 - Rules.

Section 196.770

Section 196.795 - Streamlining process for administering state removal or fill permits; application for state program general permit; periodic reports to legislative committee.

Section 196.800 - Definitions for ORS 196.600 to 196.921.

Section 196.805 - Policy.

Section 196.810 - Permit for removal of material from or fill of waters; rules.

Section 196.812 - Large woody debris; rules.

Section 196.815 - Application for permit; rules; fees; disposition of fees.

Section 196.816 - General permits allowing removal of certain amount of material for maintaining drainage; rules; waiver of fees.

Section 196.817 - General permits; rules.

Section 196.818 - Wetland delineation reports; review by Department of State Lands; fees; rules.

Section 196.820 - Prohibition against issuance of permits to fill Smith Lake or Bybee Lake; exception.

Section 196.825 - Criteria for issuance of permit; conditions; consultation with public bodies; hearing; appeal.

Section 196.830 - Estuarine resource replacement as condition for fill or removal from estuary; considerations; other permit conditions.

Section 196.850 - Waiving permit requirement in certain cases; rules; notice; review; fees; disposition of fees.

Section 196.860 - Enforcement powers of director.

Section 196.870 - Abatement proceedings; restraining order; injunction; public compensation.

Section 196.875 - Double and treble damages for destruction of public right of navigation, fishery or recreation; costs and attorney fees.

Section 196.885 - Annual report of fill and removal activities; contents of report.

Section 196.895 - Imposition of civil penalties.

Section 196.900 - Schedule of civil penalties; rules; factors to be considered in imposing civil penalties.

Section 196.906 - Legislative findings and declarations.

Section 196.909 - Definitions.

Section 196.911 - Maintenance without permit; applicability; notice.

Section 196.913 - Prohibitions; conditions.

Section 196.915 - State agencies’ review and responses to notice; additional conditions; expedited review; variances; inspections; records; rules.

Section 196.917 - Notice of violation; reasonable efforts to induce voluntary compliance.

Section 196.919 - Memoranda of understanding.

Section 196.921 - Applicability; rules.

Section 196.931 - Monitoring fill and removal activities; public education and information materials; periodic reports to legislative committee.

Section 196.990 - Penalties for unpermitted removal from or filling of waters.

Section 196.993 - Penalties for unauthorized use of Willamette Falls Locks.