Or. Admin. Code § 603-095-0640

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-095-0640 - Prohibited Conditions

(1) All landowners or operators conducting activities on lands in agricultural use will comply with the following criteria. Implementation of these rules will begin upon adoption and will be fully implemented by the dates listed below. A landowner is responsible for only those conditions caused by agricultural activities conducted on land controlled by the landowner. A landowner is not responsible for prohibited conditions resulting from actions by another landowner. Conditions resulting from unusual weather events or other exceptional circumstances are not the responsibility of the landowner.

(2) Soil Erosion on Uplands; effective on rule adoption, landowners must control soil erosion on uplands using practical and available methods.

(a) On croplands, a landowner may demonstrate compliance with OAR 603-095-0640(2) by:

(A) Operating consistent with a Soil and Water Conservation District (SWCD)-approved conservation plan that meets Resource Management System (RMS) quality criteria for soil and water resources; or

(B) Operating in accordance with an SWCD-approved plan for Highly Erodible Lands (HEL) developed for the purpose of complying with the current US Department of Agriculture (USDA) farm program legislation; and farming non-HEL cropland in a manner that meets the requirements of an approved USDA HEL compliance plan for similar cropland soils in the county; or

(C) Farming such that the predicted sheet and rill erosion rate does not exceed 5 tons/acre/year, as estimated by the Revised Universal Soil Loss Equation (RUSLE); or

(D) Constructing and maintaining terraces, sediment basins, or other structures sufficient to keep eroding soil out of streams.

(b) On rangelands, a landowner may demonstrate compliance with OAR 603-095-0640(2) by:

(B) Maintaining sufficient live vegetation cover and plant litter to capture precipitation, slow the movement of water, increase infiltration, and reduce excessive movement of soil off the site; or

(C) Minimizing visible signs of erosion, such as pedestal or rill formation and areas of sediment accumulation.

(c) Landowners must control active gully erosion to protect against sediment delivery to streams. 'Active Gully Erosion' means gullies or channels that at the largest dimension have a cross-sectional area of at least one square foot and that occur at the same location for two or more consecutive years of cropping or grazing.

(3) Active Stream Bank Erosion; by January 1, 2005, active streambank erosion is not allowed beyond the amount expected for the specific stream flow regime and channel type. Stream channel modification that extends well beyond the level anticipated from natural disturbance given stream characteristics is not allowed.

(4) Placement, Delivery or Sloughing of Wastes; effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(5) Riparian Vegetation; by January 1, 2005, agricultural management or soil-disturbing activities that preclude establishment and development of adequate riparian vegetation for streambank stability and shading, consistent with site capability, are not allowed.

Or. Admin. Code § 603-095-0640

DOA 16-2000, f. & cert. ef. 6-12-00; DOA 4-2003, f. & cert. ef. 1-7-03

Stat. Auth.: ORS 568.909

Stats. Implemented: ORS 568.900 - ORS 568.933