2021 Oregon Revised Statutes
Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill
Section 196.668 - Legislative findings.


(1) Wetlands provide a natural means of flood and storm damage protection through the absorption and storage of water during high runoff periods, thereby reducing flood crests and preventing loss of life and property;
(2) Wetlands provide essential breeding, spawning, rearing, feeding, nesting and wintering habitats for a major portion of this state’s fish and wildlife;
(3) Wetlands provide essential habitat for waterfowl using the Pacific Flyway and for the rearing of salmon and other anadromous and resident fish;
(4) Wetlands act as accumulation areas for sediments which retain nutrients and other pollutants that may prevent entry of the pollutants into other waterways;
(5) Wetlands provide a valuable public service of maintaining clean water by retaining nutrients, metals and toxic materials from the water to protect water quality;
(6) Wetlands provide significant opportunities for environmental and ecological research, public recreation and education and provide scenic diversity and aesthetic value as open space and areas of visual enjoyment;
(7) Much of this state’s original wetlands have been diked, drained, filled, dredged, ditched or otherwise altered;
(8) There is continuing development pressure on wetlands in Oregon;
(9) There are often conflicts between wetland protection and other resource values and uses;
(10) Uncoordinated regulation of wetlands by local, state and federal agencies can cause confusion, frustration and unreasonable delay and uncertainty for the general public; and
(11) Wetland management is a matter of this state’s concern since benefits and impacts related to wetland resources can be international, national, regional and statewide in scope. [1989 c.837 §2]

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.