71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 302
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Division of State Lands)
CHAPTER ................
AN ACT
Relating to permits issued by the Division of State Lands;
amending ORS 196.810; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 196.810 is amended to read:
196.810. (1)(a) Except as otherwise specifically permitted
under ORS 196.600 to 196.905, no person or governmental body
{ - shall - } { + may + } remove any material from the beds
or banks or fill any waters of this state without a permit issued
under authority of the Director of the Division of State Lands,
or in a manner contrary to the conditions set out in the permit,
or in a manner contrary to the conditions set out in an order
approving a wetlands conservation plan.
(b) Notwithstanding the permit requirements of this section and
notwithstanding the provisions of ORS 196.800 (5) and (12), if
any removal or fill activity is proposed in essential indigenous
anadromous salmonid habitat, except for those activities
customarily associated with agriculture, a permit is required. '
Essential indigenous anadromous salmonid habitat' as defined
under this section shall be further defined and designated by
rule by the Division of State Lands in consultation with the
State Department of Fish and Wildlife and in consultation with
other affected parties.
(c) No person { - shall - } { + may + } be required to
obtain a permit under paragraph (b) of this subsection for
prospecting { + or other nonmotorized activities + } resulting
in the removal from or fill of less than one cubic yard of
material at any one individual site and, cumulatively, not more
than five cubic yards of material within a designated essential
indigenous anadromous salmonid habitat segment in a single year.
Prospecting { + or other nonmotorized activities + }
{ - shall - } { + may + } be conducted only within the bed or
wet perimeter of the waterway and { - shall - } { + may + }
not occur at any site where fish eggs are present. Removal or
filling activities customarily associated with mining { - shall
require - } { + requires + } a permit under paragraph (b) of
this subsection.
(d) No permit { - shall - } { + may + } be required under
paragraph (b) of this subsection for construction or maintenance
Enrolled Senate Bill 302 (SB 302-INTRO) Page 1
of fish passage and fish screening structures that are
constructed, operated or maintained under ORS 498.311, 498.316,
498.326, 498.351 or 509.600 to 509.645.
(e) Nothing in this section { - shall limit - } { +
limits + } or otherwise
{ - change - } { + changes + } the exemptions under ORS
196.905.
(f) As used in { - this section - } { + paragraphs (b) and
(c) of this subsection + }:
(A) 'Bed' means the land within the wet perimeter and any
adjacent nonvegetated dry gravel bar.
(B) 'Essential indigenous anadromous salmonid habitat ' means
the habitat that is necessary to prevent the depletion of
indigenous anadromous salmonid species during their life history
stages of spawning and rearing.
(C) 'Indigenous anadromous salmonid' means chum, sockeye,
Chinook and Coho salmon, and steelhead and cutthroat trout, that
are members of the family Salmonidae and are listed as sensitive,
threatened or endangered by a state or federal authority.
(D) 'Prospecting' means searching or exploring for samples of
gold, silver or other precious minerals, using nonmotorized
methods, from among small quantities of aggregate.
(E) 'Wet perimeter' means the area of the stream that is under
water or is exposed as a nonvegetated dry gravel bar island
surrounded on all sides by actively moving water at the time the
activity occurs.
(2) No governmental body { - shall - } { + may + } issue a
lease or permit contrary or in opposition to the conditions set
out in the permit issued under ORS 196.600 to 196.905.
(3) Subsection (1) of this section does not apply to removal of
material under a contract, permit or lease with any governmental
body entered into before September 13, 1967. However, no such
contract, permit or lease may be renewed or extended on or after
September 13, 1967, unless the person removing the material has
obtained a permit under ORS 196.600 to 196.905.
(4) Notwithstanding subsection (1) of this section, the
Division of State Lands may issue, orally or in writing, an
emergency authorization for the removal of material from the beds
or banks or filling of any waters of this state in an emergency,
for the purpose of making repairs or for the purpose of
preventing irreparable harm, injury or damage to persons or
property. The emergency authorization issued under this
subsection:
(a) Shall contain conditions of operation that the division
determines are necessary to minimize impacts to water resources
or adjoining properties.
(b) Shall be based, whenever practicable, on the
recommendations contained in an on-site evaluation by an employee
or representative of the division.
(c) If issued orally, shall be confirmed in writing by the
division within five days.
SECTION 2. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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Enrolled Senate Bill 302 (SB 302-INTRO) Page 2
Passed by Senate February 12, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House March 6, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 302 (SB 302-INTRO) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 302 (SB 302-INTRO) Page 4