Or. Admin. R. 141-090-0045

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

Section 141-090-0045 - Duration, Revision, Expiration and Reissuance of Jurisdictional Determinations

(1) All JDs by the Department shall be in writing and, except as provided in section (2) of this rule, shall remain valid for a period of five years from the date of issuance. A JD may be revised by the Department prior to the expiration date if:

(a) A field investigation or new information reveals that site conditions or the geographic extent of waters of this state are not consistent with the information in a report or permit application submitted to the Department;

(b) Additional site information or data is provided voluntarily by an applicant, agent, or landowner to the Department;

(c) Additional information is provided to or obtained by the Department in conjunction with a request for reconsideration (OAR 141-090-0050(1)-(3)), a contested case hearing associated with an authorization application (ORS 196.825(6) and OAR 141-085-0575), a contested case hearing provided under OAR 141-090-0050(4)(a), or an appeal provided under OAR 141-090-0050(4)(b);

(d) Information is provided to or obtained by the Department in conjunction with an appeal to the U.S. Army Corps of Engineers of an Approved Jurisdictional Determination (33 CFR Parts 320, 326 and 331); or

(e) New information obtained by or provided to the Department shows a change in circumstances resulting in a change in the jurisdictional area.

(2) JDs that are issued in the form of a removal-fill authorization will expire after the project is complete or withdrawn. JDs made for an enforcement action will expire after the case is closed.

(3) Upon expiration, a report and JD are no longer valid for determining whether a state removal-fill authorization may be required.

(4) If agency approval is still needed or desired and a wetland professional determines that the wetland boundaries have not changed, the Department may reissue the JD one time for five years within one year of the expiration date.

(5) To request the reissuance of a JD within one year of the expiration date, the landowner, agent, or applicant with landowner permission must submit information prepared by a wetland professional to the Department, as listed in (a) through (i).

(a) A new fully completed wetland delineation/determination report cover form and a request for reissuance of a jurisdictional determination form, referencing the previously approved wetland delineation number.

(b) Date of the field inspection and the name of the person conducting the field inspection.

(c) A concise description of any changes in land use, hydrology, and management of the site and surrounding area relevant to the location and extent of the wetlands and other waters within the study area since the last JD.

(d) A summary of any relevant changes to the manual that have occurred since the most recent JD was issued and a discussion of the effect of those changes on the JD.

(e) A description of the method used to re-locate the wetland and other waters boundary(ies) in the field and a summary of the supporting evidence used to conclude that the location and extent of wetlands and other waters is the same.

(f) A delineation map(s) that meets the requirements in OAR 141-090-0035. The previously approved map can be used if the current mapping requirements are met and the study area boundary is the same.

(g) A recent aerial photograph with the study area boundary identified.

(h) Any figures that may have changed from the previously approved wetland delineation report, such as a smaller study area.

(i) Completed data sheets from representative sample plots illustrating the unchanged wetland and other waters conditions.

(6) Upon receipt of the reissuance information outlined in subsections (5)(a) through (i), the Department shall review the information within 120 days of receipt and may take the following actions:

(a) Reissue the original report for another 5 years;

(b) Request missing information, clarification, or additional information;

(c) Conduct a site visit to confirm the report's findings or to collect additional information;

(d) Withdraw the request for reissuance from further review if determined to be ineligible, missing additional or clarifying information, or requested information is not provided within 60 calendar days of the Department's written request; or

(e) Disagree with the conclusion that the wetland and other waters boundaries have not changed and require a new report that satisfies the requirements of OAR 141-090-0035 and payment of the fee described in OAR 141-090-0032 for review of a new delineation report.

(7) At the discretion of the Department and within staffing ability, a landowner can request the Department conduct a site visit to determine if a recently expired JD can be reissued or if a new report is required. If only minor boundary changes have occurred, new boundaries may be flagged at the discretion of staff during a site visit and the landowner shall produce and submit a new map that reflects the changes and meets the mapping requirements in OAR 141-090-0035.

Or. Admin. R. 141-090-0045

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