Or. Admin. Code § 141-100-0052

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-100-0052 - Agency Considerations and Determinations

(1) Issuance. The Department will issue State Scenic Waterway removal-fill permits only upon written findings that:

(a) The proposed activity is consistent with the State Scenic Waterway Act (ORS 390.805 through 390.925 or an applicable OPRD Scenic Waterway Management Plan or interim classification. The Department will coordinate with OPRD and WRD prior to making this determination;

(b) The proposed activity is consistent with ORS 196.800 through 196.990 administered according to OAR 141-085 related to removal of materials from the beds or banks and filling of any waters of this state;

(c) The proposed activity meets a demonstrated need and minimizes adverse impacts to special attributes of designated State Scenic Waterways; and

(d) The proposed activity, individually or collectively, would not degrade fish, wildlife or recreation values.

(2) Denial. The Director will deny any permit application, based upon written findings, if the proposed activity is not consistent with the policies under ORS 390.805 through 390.925 for State Scenic Waterways or ORS 196.800 through 196.825 and 196.845 through 196.870 for removal of material from the bed and banks and filling any waters of this state.

(3) Findings. Written findings are required for all authorizations or denials of a permit application.

(4) Expiration. No State Scenic Individual Removal-Fill Permit will be issued for more than five years from issue date.

(5) Renewal. State Scenic Individual Removal-Fill Permits, not associated with recreational placer mining issued under OAR 141-100-0055, may be renewed for multi-year projects in the same manner as OAR 141-085.

Or. Admin. Code § 141-100-0052

DSL 4-2011, f. & cert. ef. 3-1-11

Stat. Auth.: ORS 196.600 - 196.692, 196.795 - 196.990, 390.805 - 390.925

Stats. Implemented: ORS 196.600 - 196.692, 196.795 - 196.990, 390.805 - 390.925