(a) The removal of more than 3,000 cubic yards per linear mile of traditionally maintained channel over the course of the five-year period for which the notice is valid;
(b) The spreading of material in:
(A) A wetland or converted wetland pursuant to subsection (2)(k) of this section in a volume greater than 3,000 cubic yards per linear mile of traditionally maintained channel over the course of the five-year period for which the notice is valid; or
(B) An undisturbed wetland;
(c) The removal or fill of material, or any other maintenance, occurring in a channel that has been designated by rule and mapped by the Department of State Lands as essential indigenous anadromous salmonid habitat as defined in ORS 196.810; or
(d) The enlargement of a water right or in otherwise causing injury to another existing water right.
(2) In addition to complying with all applicable laws related to fish passage as described in ORS 509.585 and all applicable laws related to water quality, maintenance activities conducted pursuant to a notice submitted under ORS 196.911 must comply with the following conditions:
(a) A traditionally maintained channel must be dry before the commencement of any removal activities in the channel. If there is standing water in the channel that is due to a rain event and not indicative of a perennial stream, a person must request a variance under ORS 196.915 (5) prior to initiation of maintenance activities.
(b) A person must complete removal activities during the applicable regional dry maintenance time period established by the State Department of Fish and Wildlife for the region where the traditionally maintained channel is located.
(c) The body of motorized equipment used to conduct removal or fill activities must be operated from the bank of the channel, with only the bucket or portion of the motorized equipment that actively removes material operating within the channel.
(d) The bottom of the channel bed must be excavated on a smooth grade, in a manner that avoids creating depressions or grade changes within the channel.
(e) Maintenance activities must be conducted in a manner that minimizes new erosion into the channel.
(f) Removal of woody vegetation must be limited to the minimum amount needed to complete the maintenance activity.
(g) Revegetation must occur for any riparian areas that serve as a buffer adjacent to the channel and that experience vegetation loss as a result of the maintenance activity. This condition is satisfied whether revegetation occurs naturally or after seeding.
(h) Work related to the maintenance activity must be conducted only from one bank of the channel, on either the north or east side, when practicable, to minimize the ecological impacts of the maintenance activity.
(i) Motorized equipment used for maintenance activities must utilize existing crossings, if crossing the channel is necessary to complete maintenance activities.
(j) Maintenance activities must begin at the most upstream location of the traditionally maintained channel and progress downstream.
(k) Material that is removed from the channel may be temporarily placed in a wetland or converted wetland to dry, provided that the material must, no later than one year after the date that the maintenance activity was completed, be moved to uplands or be spread in a thin layer outside the riparian area that serves as a buffer adjacent to the channel. Fill activities related to the maintenance of a traditionally maintained channel must be limited to fill pursuant to this paragraph.
(L) Maintenance activities may not result in converting wetlands to uplands and may not materially change the depth or functionality of a wetland.
(m) Impacts to wetlands by the maintenance activities must be temporary and must be limited to impacts related to accessing the site to conduct removal activities in the channel, the removal of material and the disposal of removed material.
(n) Maintenance activities may not result in a change in location of a channel through the digging of a new channel and the diversion of the flow from the old channel into the new channel or in increasing the width or depth of the channel beyond the width or depth to which the channel has routinely been maintained to facilitate drainage.
(o) The maintenance activities must not alter any existing inlet or outlet connections with other waterways. [2019 c.699 §5; 2021 c.256 §2]
Note: See note under 196.906.
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.