Chapter 850
AN ACT
HB 2106
Relating to fees for agency review of wetland
delineation reports; creating new provisions; amending ORS 196.692; limiting
expenditures; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS 196.800 to 196.825.
SECTION 2. (1) A person or governmental body must pay
to the Department of State Lands a nonrefundable fee of $350 when submitting a
wetland delineation report to the department for a determination of:
(a) Whether waters of
this state are present on a specific land parcel;
(b) Where the boundaries
of waters of this state are located on a land parcel; or
(c) Whether the waters
of this state or a proposed activity in the waters of this state is subject to
permit requirements.
(2) The department shall
review the wetland delineation report submitted under subsection (1) of this
section within 120 days after submission of the wetland delineation report to
the department.
(3) The fee described in
subsection (1) of this section is in addition to any permit application fee
required under ORS 196.815. A person or governmental body submitting a revised report to replace a previously rejected report must
pay an additional nonrefundable fee of $100.
(4) The Director of the
Department of State Lands shall issue an order revising the fee specified in
subsection (1) of this section on January 1 of each year, based on changes in
the Portland-Salem, OR-WA Consumer Price Index for All Urban Consumers for All
Items as published by the Bureau of Labor Statistics of the United States
Department of Labor. The director shall round the amount to the nearest dollar.
The revised fee shall take effect January 1 and apply for that calendar year.
(5) Fees received under
this section shall be credited to the Common School Fund for use by the
department in administration of ORS 196.600 to 196.905.
SECTION 3. The Department of State Lands shall make the
first increase in fees under section 2 (4) of this 2007 Act on January 1, 2009.
SECTION 4. ORS 196.692 is amended to read:
196.692. (1) The
Department of State Lands shall adopt rules to carry out the provisions of ORS
196.668 to 196.692, 196.800, 196.810, 196.825, 196.830, 196.850 to 196.860,
196.885, 196.905, 197.015, 197.279, 215.213, 215.283, 215.284, 215.418 and
227.350 and section 2 of this 2007 Act.
(2) Rules adopted
pursuant to subsection (1) of this section shall include rules governing the
application for and issuance of permits to remove material from the beds or
banks of any waters of this state or to fill any waters of this state
including, but not limited to, clear and objective standards and criteria for
determining whether to grant or deny a permit.
SECTION 4a. Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by section 2 (3),
chapter 107, Oregon Laws 2007 (Enrolled House Bill 5043), for the biennium
beginning July 1, 2007, as the maximum limit for payment of expenses from fees,
moneys or other revenues, including Miscellaneous Receipts, but excluding
lottery funds and federal funds, collected or received by the Department of
State Lands, is increased by $255,667 for the purpose of carrying out the
provisions of section 2 of this 2007 Act.
SECTION 4b. (1) Except as provided in
subsection (2) of this section, section 2 of this 2007 Act and the amendments
to ORS 196.692 by section 4 of this 2007 Act become operative on January 1,
2008.
(2) The Department of
State Lands may take any action, including but not limited to the adoption of
rules, before the operative date specified in subsection (1) of this section
that is necessary to enable the department to exercise, on and after the
operative date specified in subsection (1) of this section, all the duties,
functions and powers conferred on the department by section 2 of this 2007 Act
and the amendments to ORS 196.692 by section 4 of this 2007 Act.
SECTION 5. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect July 1, 2007.
Approved by the Governor July 31, 2007
Filed in the office of Secretary of State July 31, 2007
Effective date July 31, 2007
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