Or. Admin. Code § 141-100-0060

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

Section 141-100-0060 - Scenic Waterway Emergency Removal/Fill Permits

(1) Application Procedures. Applications for a State Scenic Waterway Emergency Removal-Fill Permit may be made verbally (e.g., by phone), or by written application, including facsimile, by the following procedures:

(a) Applicants must provide the Department the following information:

(A) Location of emergency;

(B) A description of the emergency;

(C) The proposed action to be taken; and

(D) The potential consequences of taking no action.

(b) Within five calendar days of receiving a verbal confirmation of an emergency permit for removal-fill activities, the applicant must submit to the Department a written emergency permit application and applicable fees, in accord with the procedures herein.

(2) Review Standards. The Director may issue State Scenic Waterway Emergency Removal-Fill Permits only after determination that:

(a) Natural or human-caused situation exist which cause the emergency circumstance, such as, but not limited to, flooding, landslides, wildfire, and hazardous substance spills; and

(b) It is necessary to make repairs or take action to prevent irreparable harm, injury, or damage to persons or property.

(3) Review Procedures. The Director may conduct the review of State Scenic Waterway Emergency Removal-Fill Permit applications by:

(a) Consulting with ODFW and OPRD before issuing a temporary Emergency Removal-Fill Permit as provided by ORS 390.835(3)(a) and DEQ and WRD ,if applicable. Consultation may be achieved by Memorandum of Agreement with the applicable agencies or on a case-by-case permit review;

(b) Completing an investigation sufficient to develop a rational basis for a decision consistent with the requirements of the Issuance Standards;

(c) Consulting with any applicable tribes or federal land managers and regulators, as allowed by circumstances and time constraints, and by reasonable consideration to those agencies' recommendations for temporary permit conditions; and

(d) Assuring compatibility of the project, to the extent practical, with the affected local government(s) comprehensive plan and land use regulations.

(4) Permit Decisions:

(a) The Director may issue a State Scenic Emergency Removal-Fill Permit, only if all the review standards for emergency waterway permits are met. Emergency permit issuance by the Director may be made by written confirmation to the applicant, verbally (to be followed by written confirmation), or through procedures established in Memoranda of Agreement with other agencies (e.g., through the Oregon Emergency Response System);

(b) The Department staff may visit the site of the emergency permitted activity as soon as practicable following permit issuance; and

(c) Following the issuance of an emergency permit, the Department may review the emergency permit and determine if any further action is necessary to modify the permit conditions after the emergency has passed.

Or. Admin. Code § 141-100-0060

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; 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