(2) Subject to the approval of the State Land Board, the Department of State Lands shall adopt, by rule, standards and criteria for the site selection process, operation and evaluation of mitigation banks. Criteria to be considered shall include but need not be limited to:
(a) Historical trends relating to the waters of this state, including the estimated rate of current and future losses of the respective types of waters of this state.
(b) The contributions of the waters of this state to:
(A) Wildlife, migratory birds and resident species;
(B) Commercial and sport fisheries;
(C) Surface and ground water quality and quantity, and flood moderation;
(D) Outdoor recreation including enhancement of scenic waterways; and
(E) Scientific and research values.
(c) Regional economic needs.
(3) The rules adopted by the department under this section must also include:
(a) Guidelines for the use of mitigation banks to compensate for adverse effects of project development or to resolve violations of ORS 196.800 to 196.921 related to waters of this state; and
(b) Guidelines for allowing a permittee or third party to create a mitigation bank or to conduct compensatory mitigation in order to create, restore, enhance or preserve water resources of this state.
(4) For each mitigation bank, the department shall establish a well-defined plan, including preliminary objectives, inventory of resource values and an evaluation and monitoring program. [Formerly 541.560; 1991 c.67 §48; 2003 c.738 §6; 2009 c.343 §4]
Structure 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 196.110 - 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 196.210 - 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 196.408 - 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 196.425 - 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 196.453 - 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 196.545 - Work plan; use of data and recommendations.
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 196.573 - Council duties; biennial report.
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 196.610 - Powers of Director of Department of State Lands; fees.
Section 196.615 - Program for mitigation banks; program standards and criteria; rules.
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 196.645 - 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 196.674 - Statewide Wetlands Inventory; rules.
Section 196.678 - Wetland conservation plans; contents; procedure for adopting.
Section 196.682 - Permits required for removal or fill; conditions on issuance of permit.
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 196.800 - Definitions for ORS 196.600 to 196.921.
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 196.817 - General permits; rules.
Section 196.818 - Wetland delineation reports; review by Department of State Lands; fees; rules.
Section 196.860 - Enforcement powers of director.
Section 196.870 - Abatement proceedings; restraining order; injunction; public compensation.
Section 196.885 - Annual report of fill and removal activities; contents of report.
Section 196.895 - Imposition of 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 196.917 - Notice of violation; reasonable efforts to induce voluntary compliance.
Section 196.919 - Memoranda of understanding.
Section 196.921 - Applicability; rules.
Section 196.990 - Penalties for unpermitted removal from or filling of waters.
Section 196.993 - Penalties for unauthorized use of Willamette Falls Locks.