2021 Oregon Revised Statutes
Chapter 517 - Mining and Mining Claims
Section 517.989 - Rules applicable to consolidated application.


(2) Subsection (1) of this section shall not apply to a consolidated application if:
(a) An applicant is responsible for unreasonable delays in the processing of the application or fails to make a good faith effort to comply with all requirements for issuance of the permit;
(b) Application of a statute or rule is required under federal law or is a requirement for the state to maintain approval of or delegation of administration of a federal program; or
(c) The department, or a permitting agency or commenting agency, finds that application of a rule is necessary to protect the public from a serious threat to human health or safety. [1995 c.503 §2; 2013 c.371 §24]

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.