As used in ORS 196.600 to 196.655: (1) “Compensatory mitigation” means activities conducted by a permittee or third party to create, restore, enhance or preserve the functions and values of the water resources of this state to compensate for the removal-fill related adverse effects of project development to waters of this state or to resolve […]
It is the purpose of ORS 196.600 to 196.655 to: (1) Promote, in concert with other federal and state programs as well as interested parties, the maintenance and conservation of the water resources of this state; (2) Improve cooperative efforts among private, nonprofit and public entities for the management and protection of the waters of […]
Subject to approval by the State Land Board, the Director of the Department of State Lands may: (1) Charge a fee for purchase of credits in the mitigation bank as provided by ORS 196.600 to 196.655. (2) Acquire or accept title to lands suitable for use in mitigation banks or actions, or to preserve sensitive […]
(1) In accordance with the provisions of ORS 196.600 to 196.655, upon the approval of the State Land Board, the Director of the Department of State Lands shall initiate and implement a program for mitigation banks. The director shall encourage the development of and the expeditious approval of mitigation banks and other types of compensatory […]
(1) For each mitigation bank, the Department of State Lands shall establish a system of resource values and credits. (2) A credit from a mitigation bank may be withdrawn for a condition imposed on a permit in accordance with ORS 196.825 (5), for any other authorization issued in accordance with ORS 196.800 to 196.921 or […]
(1) The Department of State Lands may approve a watershed enhancement program and certify the project as a mitigation bank under ORS 196.600 to 196.655 if the watershed enhancement program complies with the rules adopted by the department under ORS 196.615 for certification of a program as a mitigation bank. (2) A person, state agency, […]
(1) The Director of the Department of State Lands shall maintain a record of fill and removal activities and actions for each mitigation bank implemented and conduct monitoring of mitigation banks with moneys from the Oregon Removal-Fill Mitigation Fund. (2) The director shall provide annual reports to the State Land Board on moneys spent and […]
Subject to the approval of the State Land Board, the Director of the Department of State Lands shall adopt rules according to the provisions of ORS chapter 183 to carry out the provisions of ORS 196.600 to 196.655. [Formerly 541.570]
(1) The provisions of ORS 196.600 to 196.655 shall be carried out by the Director of the Department of State Lands. The Department of State Lands shall solicit, but not be bound by, comments from the State Department of Fish and Wildlife, Department of Transportation, Department of Land Conservation and Development, Department of Environmental Quality, […]
(1) The Oregon Removal-Fill Mitigation Fund is established, separate and distinct from the General Fund. All moneys received under ORS 196.645 shall be paid into the State Treasury and credited to the Oregon Removal-Fill Mitigation Fund. All moneys in the fund are appropriated continuously to the Department of State Lands to be used by the […]
(1) A person who provides off-site compensatory mitigation in order to comply with a condition imposed on a permit in accordance with ORS 196.825 (5), an authorization issued in accordance with ORS 196.800 to 196.921 or a resolution of a violation of ORS 196.800 to 196.921 may make a payment for credits to an approved […]
The following moneys shall be paid into the Oregon Removal-Fill Mitigation Fund: (1) Any moneys appropriated for that purpose by the Legislative Assembly; (2) Moneys received from conditions imposed on a permit, authorizations or resolutions of violations, except civil penalties, involving compensatory mitigation in which the Department of State Lands is the party responsible for […]
The Department of State Lands may use the moneys in the Oregon Removal-Fill Mitigation Fund for the following purposes: (1) For the voluntary acquisition of land or interests therein suitable for use in mitigation banks. (2) To pay for specific projects to create, restore, enhance or preserve water resources of this state for purposes of […]
As part of the report to the State Land Board required under ORS 196.885, the Director of the Department of State Lands shall prepare an annual report on the Oregon Removal-Fill Mitigation Fund. The report shall include, but need not be limited to: (1) The financial status of the fund; (2) Creation, restoration, enhancement or […]
ORS 196.600 to 196.655 are intended to be supplementary to, and are not intended to abrogate, any state or federal law relating to the waters of this state. [Formerly 541.590; 1999 c.59 §51; 2009 c.343 §14]
ORS 196.600 to 196.655 may be cited as the “Oregon Removal-Fill Mitigation Fund Act.” [Formerly 541.595; 2009 c.343 §15]
