Or. Admin. Code § 141-100-0005

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

Section 141-100-0005 - Definitions

In addition to the definitions contained in ORS 390.805 through 390.835 and in OAR 141-085, the following definitions apply:

(1) "Beds" means the land within the wet perimeter and any adjacent non-vegetated dry gravel bar.

(2) "Emergency Circumstances" means immediate natural or human caused events the effects of which require prompt action to prevent irreparable harm, injury or damage to persons or property.

(3) "Irreparable" means without reasonable possibility of repair or restoration, or an extreme condition that cannot be corrected.

(4) "Prospecting" means to search or explore for samples of gold, silver or other precious minerals, using non-motorized methods, from among small quantities of aggregate.

(5) "Recreational Placer Mining in State Scenic Waterways" means to search or explore for samples of gold, silver or other precious minerals and remove, fill or move by artificial means, either through motorized or non-motorized methods, from or within the bed of a State Scenic Waterway by methods other than dredging. Note-Due to action by the 2001 Oregon Legislative Assembly (Oregon Laws 2001, Chapter 499, Section 4), the Department is no longer authorized to issue permits for dredging related to recreational placer mining in State Scenic Waterways.

(6) "Related Adjacent Land" means all land within 1/4 of one mile of the bank of Waldo Lake, or a river or segment of river within a State Scenic Waterway, except land that, in the Oregon Parks and Recreation Department's (OPRD) judgment, does not affect the view from the waters within a State Scenic Waterway.

(7) "State Scenic Waterway" means Waldo Lake, or a river or a segment of a river that has been designated under ORS 390.805 through 390.925 or any subsequent act, and includes related adjacent lands.

(8) "State Scenic Waterway Emergency Removal-Fill Permit" is an authorization issued by the Director for temporary, emergency-specific removal-fill activity in a State Scenic Waterway or jurisdictional waters within its related adjacent land.

(9) "State Scenic Waterway Individual Removal-fill Permit" is an authorization issued by the Department for any removal, filling or alteration of the bed and banks of a State Scenic Waterway and its related adjacent lands.

(10) "Special Attribute" means an aesthetic, scenic, environmental, scientific, recreational or similar feature identified by OPRD in a State Scenic Waterway Management Plan as the value that caused a particular waterway to be included in the Oregon Scenic Waterway Program. (ORS 390.845).

(11) "Waters of a State Scenic Waterway" are any waters within a designated State Scenic Waterway, including waters within its related adjacent lands that are subject to the jurisdiction of the Department.

(12) "Wet Perimeter" means the area of the stream that is under water, or is exposed as a non-vegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs.

Or. Admin. Code § 141-100-0005

LB 3-1994, f. 5-11-94, cert. ef. 5-15-94; DSL 3-1998, f. & cert. ef. 4-22-98; DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06; DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09; Renumbered from 141-100-0000, 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