Or. Admin. Code § 141-090-0025

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

Section 141-090-0025 - Procedures for Determinations Conducted Entirely by the Department

(1) The Department shall make a determination (PJD or JD) according to the procedures in this section.

(2) The Department may make a determination for a number of reasons, including but not limited to:

(a) A written request from any person (e.g., a landowner or their agent) requesting a determination for one or more tax lots or any portion thereof;

(b) A Wetland Land Use Notice from a local government as required by ORS 196.676;

(c) A site development notice from a local government;

(d) A request from a local government or other government entity acting in its capacity to conduct site assessments for project or planning purposes;

(e) A removal-fill authorization application, request for a pre-application meeting or a compliance investigation;

(f) A request to review and approve a wetland delineation report (see additional requirements and procedures in OAR 141-090-0030, 141-090-0032 and 141-090-0035); or

(g) In conjunction with its authority and responsibilities under ORS 196.600 to 196.962, 196.800 to 196.990, and any applicable rules of the Department.

(3) The Department may prioritize the completion of determinations based upon the availability of staff and budget resources.

(4) A request to the Department to provide a wetland determination apart from an authorization application, wetland delineation report submittal, or local government notice shall include:

(a) A written request on a form provided by the Department;

(b) Landowner or agent permission to conduct a site visit if an on-site determination is desired;

(c) Applicant name and contact information;

(d) A site location map, such as a city map, showing the location with respect to nearest streets and site address, if any;

(e) A detailed site plan showing, as appropriate, such features as the tax lot boundaries, location of streets, roads, buildings, streams, and area of any planned development or removal or fill, if known; and

(f) The legal location from the tax map (Township, Range, Section, Quarter-Quarter Section and Tax Lot numbers).

(5) A request for a determination may include additional helpful information, such as:

(a) An appropriately-scaled topographic map of the site;

(b) A large-scale aerial photograph of the site; or

(c) Ground photographs of the site.

(6) A wetland determination request as described in section (4) and (5) of this rule may not be used to obtain agency review and approval of a wetland delineation.

(7) The Department will review the information provided with the request along with other available maps and information and provide a PJD or a JD.

(8) The Department may request additional information and may conduct a site visit to ensure an accurate determination. The Department shall contact the applicant or primary contact prior to conducting a site visit.

(9) An on-site determination conducted by the Department to make a JD or PJD shall include at a minimum:

(a) A location map showing the location of the study area with respect to major roads;

(b) A tax lot map showing property boundaries;

(c) The legal location from the tax map (Township, Range, Section, Quarter-Quarter Section and Tax Lot numbers);

(d) The appropriate SWI mapping with the site located;

(e) The Natural Resources Conservation Service soil survey map with site located and soil type(s) mapped;

(f) A sketch map showing the approximate location of any waters of this state on the tax lot(s) or within a defined study area;

(g) At least one data form documenting any wetlands identified or possible wetlands determined not to meet wetland criteria; and

(h) Conclusions and recommendations regarding additional requirements (e.g., the need for a delineation or permit), as appropriate to the determination request and the situation.

(10) After review of the information and the site visit, if conducted, the Department may:

(a) Provide a written PJD or JD in accordance with section (11) of this rule; or

(b) Provide a written PJD and recommend that the landowner, agent, or applicant obtain a wetland delineation that meets the requirements in OAR 141-090-0030 and 141-090-0035.

(11) A written PJD or JD by the Department shall include at a minimum:

(a) A letter or form addressed to the applicant, landowner or agent that includes the location of the tax lot(s) or study area investigated, a file number for future reference, and the expiration date of the JD, or a response on or attached to a wetland land use notice form or other site development notice submitted by a local government;

(b) Comments regarding the use of the PJD or JD, as appropriate;

(c) Additional requirements or recommendations, such as the need for a wetland delineation;

(d) A determination of the requirements or exemptions in accordance with OAR 141-085, 141-089, 141-093, 141-0100, and 141-0102 that apply to any waters of this state identified on the tax lot(s) and/or the proposed activity, if the information provided to or obtained by the Department is sufficient to make such determination; and

(e) A map or reference to a map showing the tax lot(s) or study area investigated and the approximate location of any identified waters of this state, unless the information provided to or obtained by the Department is not sufficient to make or refer to such a map.

Or. Admin. Code § 141-090-0025

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: ORS 196.800 - 196.990, 196.600 - 196.665, 196.668 - 196.692 & 197.279