Or. Admin. Code § 603-095-4035

Current through Register Vol. 63, No. 11, November 1, 2024

Section 603-095-4035 - Certifications of Compliance with Other Applicable Laws

(1) No person may conduct channel maintenance activities in a manner that violates applicable laws related to fish passage or water quality.

(2) In order to maintain a simple regulatory approach for the maintenance of traditionally maintained channels used for agricultural drainage and also to conduct maintenance activities in a manner that protects, maintains or improves the ecological functions of the channels, persons filing a notification must certify that the person conducting the maintenance activities will comply with OAR 603-095-4030 by certifying that all of the following are applicable to the location where the maintenance activities will be conducted:

(a) Non-point Source Pollution. A person filing a notification with the Oregon Department of Agriculture must certify that they have reviewed and, in conducting channel maintenance activities, will comply with relevant statutes and rules governing those activities as provided in ORS 568.900 et seq. and the agricultural water quality management plans and rules governing the area where maintenance activities will be conducted.

(b) Regional Dry Maintenance Time Period. A person filing a notification with the Department must certify that the planned maintenance activities will occur only during the regional dry maintenance time period for the area of the planned maintenance activities, as designated by the Oregon Department of Fish and Wildlife.

Or. Admin. Code § 603-095-4035

DOA 17-2020, adopt filed 09/08/2020, effective 9/8/2020

Statutory/Other Authority: ORS 196.816

Statutes/Other Implemented: ORS 196.816