Or. Admin. Code § 603-095-3340

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

Section 603-095-3340 - Requirements

(1) Landowners must comply with OAR 603-95-3340(2) through (3) within the following limitations. A landowner is responsible for only those conditions resulting from activities controlled by the landowner. A landowner is not responsible for conditions resulting from activities by landowners on other lands. A landowner is not responsible for conditions that: are natural, could not have been reasonably anticipated, or that result from unusual weather events or other exceptional circumstances.

(2) Desired Streamside Riparian Condition:

(a) Effective January 1, 2006, consistent with site capability, persons shall allow regeneration and growth of riparian vegetation along natural waterways to provide for:

(A) Bank stabilization;

(B) Filtration of sediments and nutrients;

(C) The sustainability of riparian community integrity through spring runoff and larger storm events; and

(D) Shade and aquatic habitat.

(b) Part (a) allows water gaps, livestock watering, and hardened livestock crossings in streams that otherwise have desired streamside riparian conditions.

(c) Part (a) does not apply to natural waterways, such as sloughs and backwater areas, that only hold water for short periods of time during spring runoff.

(d) Technical criteria to determine compliance:

(A) Management activities maintain or improve streambank integrity, with a goal of withstanding a 25-year storm event; and

(B) Ongoing renewal and growth of riparian vegetation demonstrates sustainability and vigor.

(e) Compliance will be determined through objective methods using commonly accepted monitoring protocols.

(f) Definitions that apply specifically to OAR 603-095-3340(2):

(A) Riparian means a wetland transition zone that connects riverine aquatic habitats to upland areas.

(B) Natural waterways are streams or rivers that were created through natural processes. They may be altered by human activities, but not created as a result of human activities. Irrigation ditches that contain water diverted from the main channel are not natural waterways.

(C) Riparian Community Integrity is the sustainability of a healthy and vigorous riparian community over time.

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

Or. Admin. Code § 603-095-3340

DOA 35-2003, f. & cert. ef. 9-24-03

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

Stats. Implemented: ORS 568.900 - ORS 568.933