Or. Admin. Code § 141-100-0045

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

Section 141-100-0045 - State Scenic Waterway Individual Removal-Fill Permits

(1) Application Procedures. Applications for approval of all regulated removal-fill activities in State Scenic Waterways must be submitted to the Department in writing, in advance of the proposed activity, and must include all information needed to evaluate the request. The application must be submitted on the Joint Permit Application Form of the COE and the Department and must meet the standards for completed applications in OAR 141-085.

(2) Fees. Fees must be submitted for a complete application in accordance with the current fee schedule under OAR 141-085.

(3) Application Review Procedures:

(a) Applications must be reviewed within 30 calendar days from receipt and processed in a manner consistent with OAR 141-085, the Department rules for individual removal and fill permits;

(b) In reviewing an application, the Department will conduct the necessary investigations to develop a rational basis for a decision consistent with the requirements of the policies of this rule; and

(c) The Department may consult with any person, group or agency interested in or affected by a permit decision.

(4) Public Review Process. All applications for impact to State Scenic Waterways must be available for public comment for 30 calendar days.

(a) The Department will provide application notice for comment to the Department of Fish and Wildlife, Department of Environmental Quality, Department of Land Conservation and Development, Department of Agriculture, Water Resources Department, Business Development Department, State Parks and Recreation Department, State Historic Preservation Office, Department of Geology and Mineral Industries, Department of Transportation, Department of Forestry, and any other affected state and federal agency and tribes. The Department will also provide application notice to adjacent property owners listed on the application and interested persons who request notice;

(b) In accordance with the procedures in the State Agency Coordination Program, the Department will provide application notice to the appropriate local government planning department(s) for a determination of the proposed activity's compatibility or non-compatibility with the affected city and county comprehensive plan(s) and land use regulations. If it is necessary to adopt findings of compliance with the statewide planning goals, the Department will act in accordance with its State Agency Coordination Program; and

(c) Recommendations and comments regarding the project must be submitted in writing to the Director within 30 calendar days from the date the application is provided for comment. The Department will give reasonable consideration to permit conditions or comments offered by any person.

Or. Admin. Code § 141-100-0045

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 141-100-0050, 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