Or. Admin. R. 141-090-0015

Current through Register Vol. 63, No. 9, September 1, 2024

Section 141-090-0015 - Policy

(1) It is the policy of the State of Oregon that the protection, conservation and best use of the water resources of this state are matters of the utmost public concern (ORS 196.805) and that the state use a single definition of wetlands and a single, uniform methodology of delineating wetland boundaries (ORS 196.672).

(2) In accord with these policies the Department shall, to the greatest extent possible:

(a) Provide a clear process for making, revising, reconsidering, or reissuing jurisdictional determinations;

(b) Make jurisdictional determinations using the best available science, technical guidance and documents;

(c) Use sound professional judgment in interpreting maps, remotely sensed imagery, environmental data and other relevant information;

(d) Provide jurisdictional determinations that improve the level of regulatory certainty for landowners and developers and that help ensure that removal or fill of material in waters of this state does not occur without a required removal or fill permit; and

(e) Encourage landowners and developers to utilize wetland delineation reports at the earliest stage of site development planning to incorporate measures to avoid and minimize impacts to waters of this state and thus prevent unnecessary regulatory delays.

(3) Because waters of this state can be affected over time by both natural changes and human activities, jurisdictional determinations are valid for a limited period of time.

(4) The Director of the Department of State Lands shall designate employees responsible for making jurisdictional determinations as described in these rules.

(5) Final authority for determining the adequacy of the procedures, methods, application of technical documents, interpretation and analysis of maps and data, and conclusions regarding the identification of waters of this state and jurisdictional determinations rests with the Department except when the Department's determination is reviewed by a court of competent jurisdiction.

Or. Admin. R. 141-090-0015

DSL 3-2001, f. 4-18-01, cert. ef. 7-1-01; DSL 1-2004, f. & cert. ef. 5-21-04; DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08; DSL 6-2012, f. 12-13-12, cert. ef. 1-1-13; DSL 2-2023, amend filed 05/05/2023, effective 6/1/2023

Statutory/Other Authority: ORS 196.845 & 196.692

Statutes/Other Implemented: 196.800 - 196.990, 196.600 - 196.665, 196.668 - 96.692 & 197.279