Or. Admin. Code § 603-095-2240

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

Section 603-095-2240 - Prevention and Control Measures

(1) All landowners or operators conducting activities on lands in agricultural use shall comply with the following criteria. A landowner shall be responsible for only those conditions caused by activities conducted on land controlled by the landowner. A landowner is not responsible for violations of Prevention and Control Measures resulting from actions by another landowner. Conditions resulting from unusual weather events (equaling or exceeding a 25-year, 24-hour storm event) or other exceptional circumstances are not the responsibility of the landowner. Limited duration activities may be exempted from these conditions subject to prior approval by the department.

(2) Near-Stream Management Areas. Effective January 1, 2005:

(a) Agricultural activities must allow for the establishment and development of riparian vegetation consistent with site capability. Vegetation must be sufficient to provide the following riparian functions: shade, streambank integrity during stream flows following a 25-year storm event, and filtration of nutrients and sediment.

(b) Exemptions:

(A) Levees and dikes are exempt from OAR 603-095-2240(2)(a) except for areas on the river-side of these structures that are not part of the structures and which can be vegetated without violating U.S. Army Corps of Engineers vegetation standards.

(B) Drainage areas where the only connection to other water bodies is through pumps shall be exempt from OAR 603-095-2240(2)(a).

(C) Access to natural waterways for stream crossings and livestock watering are allowed provided OAR 603-095-2240(2)(a) is met.

(D) Legally constructed drainage and irrigation ditches as defined in Division of State Lands Rules and ditches subject to Division of State Lands fill-removal laws are exempt from OAR 603-095-2240(2).

(3) Effective on rule adoption, landowners or operators shall prevent nutrient applications that cause pollution to waters of the state.

(4) Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(5) Erosion and Sediment Control:

(a) Effective January 1, 2004, agricultural activities will not cause the following visual indicators of erosion where erosion may cause sediment runoff into waters of the state:

(A) Sheet erosion, noted by visible pedestalling, surface undulations, and/or flute marks on bare or sparsely vegetated ground;

(B) Visible active gullies;

(C) Multiple rills, which have the form of gullies, but are smaller in cross-sectional area than one square foot.

(b) This prevention and control measure applies to farm roads and staging areas, pastures, cropland, and other areas where agricultural activities occur.

(6) By January 1, 2003, landowners must prevent pollution from irrigation return flow to waters of the state.

Or. Admin. Code § 603-095-2240

DOA 22-2002, f. & cert. ef. 9-30-02

Stat. Auth.: ORS 561.190 - 561.191 & ORS 568.912

Stats. Implemented: ORS 568.900 - 568.933