2021 Oregon Revised Statutes
Chapter 517 - Mining and Mining Claims
Section 517.956 - Requirements for mining operations; rules.


(1) Mining operations shall be undertaken in a manner that minimizes environmental damage through the use of the best available, practicable and necessary technology to ensure compliance with environmental standards.
(2) Protection measures for fish and wildlife shall be consistent with policies of the State Department of Fish and Wildlife, including:
(a) Protective measures to maintain an objective of zero wildlife mortality. All chemical processing solutions and associated waste water shall be covered or contained to preclude access by wildlife or maintained in a condition that is not harmful to wildlife.
(b) On-site and off-site mitigation ensuring that there is no overall net loss of habitat value.
(c) No loss of existing critical habitat of any state or federally listed threatened or endangered species.
(d) Fish and wildlife mortality shall be reported in accordance with a monitoring and reporting plan approved by the State Department of Fish and Wildlife.
(e) The State Department of Fish and Wildlife shall establish by rule standards for review of a proposed mining operation for the purpose of developing conditions for fish and wildlife habitat protection that satisfy the terms of this section for inclusion in a consolidated permit by the State Department of Geology and Mineral Industries.
(3) Surface reclamation of a mine site shall:
(a) Ensure protection of human health and safety, as well as that of livestock, fish and wildlife;
(b) Ensure environmental protection;
(c) Require certification to the operator, by the State Department of Fish and Wildlife and the State Department of Agriculture, that a self-sustaining ecosystem, comparable to undamaged ecosystems in the area, has been established in satisfaction of the operator’s habitat restoration obligations; and
(d) Include backfilling or partial backfilling as determined on a case-by-case basis by the State Department of Geology and Mineral Industries when necessary to achieve reclamation objectives that cannot be achieved through other mitigation activities. [1991 c.735 §4; 2003 c.14 §341; 2007 c.318 §25; 2013 c.371 §9]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources

Chapter 517 - Mining and Mining Claims

Section 517.005 - Legislative findings.

Section 517.010 - Location of mining claims upon veins or lodes.

Section 517.044 - Location of claims upon placer deposits; posting notice.

Section 517.046 - Marking boundaries of claim or locating by legal subdivisions.

Section 517.065 - Effect of noncompliance with law in locating claim.

Section 517.120 - Definitions for ORS 517.120 to 517.133.

Section 517.123 - Legislative findings.

Section 517.125 - Rules to be adopted in consultation with affected parties.

Section 517.128 - Restricting access to open mining area or mining claim prohibited.

Section 517.130 - Mineral trespass.

Section 517.133 - Interfering with a mining operation.

Section 517.135 - Exemption from crimes of mineral trespass and interfering with a mining operation.

Section 517.140 - Legislative findings; mining using motorized equipment in beds and banks of rivers.

Section 517.160 - Location of nonmineral land as millsite; notice; fee.

Section 517.180 - Procedure for extinguishing dormant mineral interest.

Section 517.210 - Recording affidavit of annual compliance.

Section 517.300 - Effect of certificate; certified copy of certificate, notice and return admissible as evidence.

Section 517.430 - Use of timber by lessee.

Section 517.702 - Legislative findings.

Section 517.705 - Exploration permit; application; information required; fees; confidentiality of production records, mineral assessments or trade secrets.

Section 517.710 - Fees.

Section 517.715 - Exemptions from permit requirement.

Section 517.725 - Department inspection of exploration site.

Section 517.730 - Drill hole or well abandonment; rules.

Section 517.750 - Definitions for ORS 517.702 to 517.989.

Section 517.753 - Exclusion certificate required for certain small-scale surface mining operations; application; fees.

Section 517.755 - Mining operations affecting more than five acres.

Section 517.760 - Policy.

Section 517.770 - Exemptions from reclamation requirements.

Section 517.775 - Permit fee for certain landowners and operators; erosion stabilization at mining operations exempt from reclamation.

Section 517.780 - Effect on county zoning laws or ordinances; rules; certain operations exempt.

Section 517.790 - Operating permit required for surface mining on certain lands; application for permit; proposed reclamation plans; waiver of requirement for preparation and approval of reclamation plan; refusal to issue operating permit; provisiona...

Section 517.795 - Department to consult with and cooperate with other agencies.

Section 517.797 - Memorandum of agreement with Department of State Lands regarding permitting.

Section 517.800 - Fees; rules; annual report.

Section 517.810 - Requirement for bond or security; rules; other security in lieu of bond.

Section 517.813 - Reclamation Guarantee Fund.

Section 517.815 - Reclamation bond pooling program; requirements; rules.

Section 517.820 - Extensions of time for submission of proposed reclamation plans; time limit for reclamation completion; consultation with cooperating agencies.

Section 517.825 - Mining aggregate on high-value farmland; requirements; rules.

Section 517.830 - Operating permit approval process; appeal from denial of plan; consolidated application process.

Section 517.831 - Modification of operating permit or reclamation plan; opportunity for alternative dispute resolution.

Section 517.832 - Emergency operating permit; rules.

Section 517.833 - Transfer of operating permit; rules.

Section 517.834 - Temporary operating permit; rules.

Section 517.835 - Conditions on operating permit or reclamation plan to prevent impact on ground water.

Section 517.836 - Surveying or marking surface mining operations; rules.

Section 517.840 - Administration and enforcement of ORS 517.702 to 517.989; rules.

Section 517.855 - Disruption of portion of mining property preserved from mining.

Section 517.860 - Effect of failure to comply with operating permit or reclamation plan; department may perform work and assess costs against bond or security.

Section 517.862 - Revocation, termination or refusal to renew operating permit.

Section 517.865 - Effect of failure to perform reclamation and insufficient bond; lien; notice; priority; foreclosure.

Section 517.880 - Order for suspension of surface mining operation operating without required permit; enjoining operation upon failure of operator to comply; completion of reclamation by department.

Section 517.905 - Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951.

Section 517.910 - Definitions for ORS 517.910 to 517.989.

Section 517.915 - Additional operating permit requirements for nonaggregate mineral mines; denial of permit if reclamation not possible.

Section 517.951 - Legislative intent not to assume exclusive jurisdiction.

Section 517.952 - Definitions for ORS 517.952 to 517.989.

Section 517.956 - Requirements for mining operations; rules.

Section 517.959 - Public notice requirements for ORS 517.952 to 517.989; master list of interested parties; fees.

Section 517.963 - Department duties upon receipt of notice of intent.

Section 517.965 - Project coordinating committee.

Section 517.967 - Technical review team.

Section 517.969 - Collection of baseline data; public informational meetings; collection methodology.

Section 517.971 - Consolidated application.

Section 517.973 - Fees; payment of expenses of department and permitting and cooperating agencies.

Section 517.975 - Distribution of completed consolidated application; notice of receipt of application.

Section 517.977 - Preparation of draft permits; public hearing; determination of completeness of consolidated application.

Section 517.978 - Review of application; additional information.

Section 517.979 - Environmental evaluation; review of baseline data; payment of costs of third party contractor.

Section 517.981 - Draft permit and permit conditions; denial of permit; time limits; public hearing on draft permit.

Section 517.982 - Final permits; permit conditions submitted by cooperating agencies.

Section 517.983 - Consolidated contested case hearing; judicial review; stay of permit.

Section 517.984 - Modification of permit; project coordinating committee.

Section 517.985 - Rulemaking.

Section 517.987 - Reclamation bond or security; annual assessment of cost of reclamation; lien; release of security; post-reclamation security.

Section 517.988 - Permit conditions by State Department of Fish and Wildlife; violations of State Department of Fish and Wildlife conditions.

Section 517.989 - Rules applicable to consolidated application.

Section 517.990 - Criminal penalties.

Section 517.992 - Civil penalties; rules.