Or. Admin. Code § 635-430-0310

Current through Register Vol. 63, No. 11, November 1, 2024

Section 635-430-0310 - Definitions

For the purpose of OAR 635-430-0300 through 635-430-0430:

(1) "Department" means the Oregon Department of Fish and Wildlife.

(2) "Designation as Riparian Land" means Department approval of a landowner's riparian management plan and agreement for qualifying riparian land, after application and review as specified in OAR 635-430-0300 through 635-430-0430. This designation qualifies the riparian land for exemption or partial exemption from taxation.

(3) "Native vegetation" means vegetation that is indigenous to the subject property or to the physiographic province in which the subject property is located.

(4) "Non-aquatic Vegetation" means perennial vegetation adjacent to the edge of the stream channel, which may be submerged or partially submerged during periods of annual high streamflow, but spends the majority of the year completely out of surface water.

(5) "Private lands" means any real property, except real property in which the legal title is vested in a federal, state or local government entity.

(6) "Regular Cultivation" means the practice of annual or semi-annual tilling of soil, usually in conjunction with the production of various agricultural crops, produce or livestock.

(7) "Riparian" means pertaining to or situated on the edge of the bank of a river or stream.

(a) "Riparian Land" means land situated along the bank of a stream characterized by vegetation and microclimate influenced by perennial and/or intermittent water normally associated with high water tables and/or hydric soils. This area must be sufficient to support conservation or management measures identified in the riparian management plan and agreement.

(b) "Riparian Vegetation" means the aquatic and non-aquatic vegetation adjacent to streams that is dependent upon or tolerant of the presence of water near the ground surface for at least part of the year.

(8) "Riparian Management Plan and Agreement" means a written plan and agreement that specifically describes a segment of stream corridor and the protection or restoration measures necessary to meet the requirements of OAR 635-430-0300 to 635-430-0430.

(9) "Stream" means a natural channel that carries flowing surface water during some portion of the year. For the purposes of OAR 635-430-0300 to 635-430-0430, "stream" includes stream-associated wetlands, beaver ponds, oxbows and side channels if they are connected by surface flow to the stream during a portion of the year. A waterway that has been channelized through human interaction can meet the definition of a "stream" if the waterway still retains natural stream functions or can achieve natural stream functions through restoration activities required in a riparian management plan.

(a) "Intermittent Stream" means any natural stream in a natural channel that flows during a portion of every year but does not have continuous surface flow at all times of the year.

(b) "Perennial Stream" means a natural stream in a natural channel that ordinarily has continuous surface flow at all times of the year.

(c) "Stream-associated wetland" means a wetland that is adjacent and hydrologically connected to any stream.

(10) "Vegetation Restoration Potential" means the physical potential of a specific site to become re-vegetated with native vegetation if adequate protection, management, or restoration actions are implemented.

Or. Admin. Code § 635-430-0310

FWC 40-1982, f. & ef. 6-29-82; DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0310; DFW 115-2004, f. & cert. ef. 11-26-04

Stat. Auth.: ORS 308A.383, 496.138 & 506.119

Stats. Implemented: ORS 308A.350 - 308A.383