Chapter 610 Oregon Laws 1999

Session Law

AN ACT

HB 3599

Relating to converted wetlands; amending ORS 196.905.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 196.905 is amended to read:

196.905. (1) Nothing in ORS 196.600 to 196.905 applies to filling the beds of the waters of this state for the purpose of constructing, operating and maintaining dams or other diversions for which permits or certificates have been or shall be issued under ORS chapter 537 or 539 and for which preliminary permits or licenses have been or shall be issued under ORS 543.010 to 543.610.

(2) Nothing in ORS 196.600 to 196.905 applies to removal of materials from the beds or banks or filling of the waters of a nonnavigable natural waterway, or any portion thereof, in this state, if:

(a) Such waterway or portion is situated within forestland; and

(b) Such removal or filling is directly connected with a forest management practice conducted in accordance with ORS 527.610 to 527.770, 527.990 and 527.992.

(3) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, [for the following activities] on converted wetlands[:] for

[(a)] normal farming and ranching activities such as plowing, grazing, seeding, cultivating, conventional crop rotation, harvesting for the production of food and fiber, upland soil and water conservation practices or reestablishment of crops under federal conservation reserve program provisions[; or].

[(b) Minor drainage within an established farm operation as defined by rule.]

(4) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for the following activities on exclusive farm use zoned lands:

(a) Drainage or maintenance of farm or stock ponds; [and]

(b) Maintenance of farm roads in such a manner as to not significantly adversely affect wetlands;

(c) Subsurface drainage, by deep ripping, tiling or moling, on converted wetlands; and

(d) Any activity described as a farm use in ORS 215.203 that is conducted on prior converted cropland as described in subsection (8) of this section, so long as agricultural management of the land has not been abandoned for five or more years.

(5) The exemption in subsections (3) and (4) of this section shall not apply to any fill or removal which involves changing an area of wetlands to a nonfarm use.

(6) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for the maintenance or reconstruction of structures such as dikes, dams, levees, groins, riprap, tidegates, drainage ditches, irrigation ditches and tile drain systems, provided that:

(a) The structure was serviceable within the past five years; and

(b) Such maintenance or reconstruction would not significantly adversely affect wetlands [that existed at the time that the structure was in good repair other than those wetlands that were significantly adversely] or other waters of this state to a greater extent than the wetlands or waters of this state were affected as a result of the original construction of those structures.

[(7) Notwithstanding the provisions of subsection (6) of this section, any dike, dam, levee, groin, riprap, tidegate, drainage ditch, irrigation ditch or tile drainage system that was serviceable on or after January 1, 1980, shall be permitted to be reconstructed without permit, provided that:]

[(a) Such reconstruction is completed prior to December 31, 1991; and]

[(b) Such maintenance or reconstruction would not significantly adversely affect wetlands that existed at the time that the structure was in good repair.]

[(8)] (7) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable roads or transportation structures such as groins and riprap protecting roads, causeways and bridge abutments or approaches.

[(9)] (8) For the purposes of this section, "converted wetland" [means]:

(a) Means wetlands that on or before June 30, 1989, have been diked, drained, dredged, filled, [or] leveled [and are capable of producing an agricultural commodity where such production would not have been possible but for such action] or otherwise manipulated to impair or reduce the flow, circulation or reach of water for the purpose of enabling production of an agricultural commodity and are managed for that purpose; [or] and

(b) [Wetlands that have been otherwise manipulated by any activity that results in impairing or reducing the flow, circulation or reach of water that has the effect of significantly adversely affecting wetland values and is capable of producing an agricultural commodity where such production would not have been possible but for such action.] Includes land that the Natural Resources Conservation Service of the United States Department of Agriculture, or its successor agency, certifies as prior converted cropland or farmed wetlands, so long as agricultural management of the land has not been abandoned for five or more years.

Approved by the Governor July 12, 1999

Filed in the office of Secretary of State July 12, 1999

Effective date October 23, 1999

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