Chapter 568 — Soil
and Water Conservation; Water Quality Management
2011 EDITION
SOIL & WATER CONSERVATION;
MANAGEMENT
AGRICULTURE
SOIL AND WATER CONSERVATION DISTRICTS
(Generally)
568.210 Definitions
for ORS 568.210 to 568.808 and 568.900 to 568.933
568.225 Policy
568.300 Petition
for formation of district; contents; consolidation of petitions
568.310 Notice
of hearing; questions considered
568.320 Right
to be heard; subsequent notice and hearings
568.330 Determination
of need for district; factors considered in determination; territory need not
be contiguous
568.340 Determination
to not form district; subsequent petitions may be filed
568.351 Determination
of boundaries for proposed district; notice of plan to issue order;
publication; request for referendum
568.370 Eligible
electors
568.380 Department
to pay expenses and supervise hearings and referenda; informalities in
referendum
568.391 Referendum
process; ballot contents; results
568.400 Appointment
of first directors of district
568.410 Formation
of district
568.420 Certificate
of formation; boundaries of district
568.431 Petitions
for inclusion of territory; conditions; referendum
568.433 Petitions
for withdrawal of territory; conditions; referendum
568.435 Boundary
change notice for taxation purposes
568.440 District
legally formed; certificate as evidence
568.445 Petitions
for inclusion of territory wholly within another district; approval or
disapproval by directors and department
568.450 Procedure
for consolidating districts
568.460 Referendum;
eligible electors; majority required
568.471 Effect
of consolidating districts
568.481 Methods
for initiating dissolution of district; notice of process initiation; plan of
dissolution and liquidation; public hearings; dissolution order; referendum
568.491 Termination
of board of directors; appointment of board of trustees; notice of dissolution;
certificate of dissolution
568.495 Disposition
of district assets; insolvency; rules
568.500 Order
of dissolution; effect
568.510 Proceedings
for dissolution limited
568.520 Petitions
nominating directors; regular elections; duties of department
568.530 Ballots;
write-in votes; unfilled positions
568.542 Payment
of expenses for director election from county funds
568.545 Procedure
for selection of directors of consolidated districts; selection of officers
568.550 General
powers of board of directors; erosion control covenants; interagency
cooperation; land use regulations; department rules
568.552 Power
of directors to manage and control water resources and projects; authority of
Water Resources Commission
568.554 District
to submit program and work plans for department review
568.555 Name
of district may be changed
568.560 Number
of directors; director qualifications; officers; election; terms; vacancies
568.565 Procedures
for changing number of directors
568.570 Majority
constitutes a quorum
568.580 Annual
meeting
568.590 Notice
of annual meeting
568.600 Legal
counsel; delegation of powers; assistance to department
568.610 Records;
audits
568.620 Consultation
with county or municipal representatives
568.730 Officials
may enter private lands
568.780 Certain
public agencies to be deemed owners
568.790 County
funds for personnel and other uses
568.801 Stream
control and management projects; application; designation and implementation;
rules
568.803 General
obligation bonds; refunding bonds; special taxes
568.805 Special
assessments; improvement bonds; objections by landowners
(Tax Levying Authority)
568.806 Ad
valorem tax; budget; collection
568.807 Electors
authorizing taxation; election date
568.808 Taxing
district to file legal description and map
WIND EROSION CONTROL
568.810 Purpose
of ORS 568.810 to 568.890; types of wind erosion
568.820 Designation
of areas by county court upon petition; description of boundaries
568.830 Publication
and posting of notices describing districts; when regulations are enforced
568.840 Election
of advisory board; meetings; members; functions
568.850 Wind
erosion inspector; appointment; duties; appeal from decision; compensation;
expenses
568.860 Inspector
may enter lands in district; service of notice on owner or occupant
568.870 County
court may authorize inspector to control erosion; expenses of control
568.880 Tax
levy for wind erosion control
568.890 District
may be dissolved; disposition of district funds; change of district boundaries
AGRICULTURAL WATER QUALITY MANAGEMENT
568.900 Definitions
for ORS 568.900 to 568.933
568.903 “Landowner”
defined
568.906 Plan
implementation to involve local agencies
568.909 Boundaries
for land subject to water quality plans; implementation of plan and rules
568.912 Management
plan rules; required actions under rules; prohibiting specific practices;
landowner appeals
568.915 Entry
upon land; purpose; consultation with Department of Justice; notice to
landowners
568.918 Notice
to landowner of failure to perform requirements
568.921 Fees
from landowners
568.924 Interagency
agreements
568.927 Law
inapplicable to certain forest practices
568.930 Agricultural
activities subject to plan requirements; consultation with Environmental
Quality Commission; review and revision of plans
568.933 Civil
penalties; availability; reductions
568.010
[Repealed by 1983 c.499 §1]
568.020
[Repealed by 1983 c.499 §1]
568.030
[Repealed by 1983 c.499 §1]
568.040
[Repealed by 1983 c.499 §1]
568.050
[Repealed by 1983 c.499 §1]
568.060
[Repealed by 1983 c.499 §1]
568.070
[Repealed by 1983 c.499 §1]
568.080
[Repealed by 1983 c.499 §1]
568.090
[Repealed by 1983 c.499 §1]
568.100
[Repealed by 1983 c.499 §1]
568.110
[Repealed by 1983 c.499 §1]
568.120
[Amended by 1969 c.314 §66; repealed by 1983 c.499 §1]
568.130
[Repealed by 1983 c.499 §1]
SOIL AND WATER CONSERVATION DISTRICTS
(Generally)
568.210 Definitions for ORS 568.210 to
568.808 and 568.900 to 568.933. As used in
ORS 568.210 to 568.808 and 568.900 to 568.933, unless the context requires
otherwise:
(1)
“Agency of this state” means any public body as defined in ORS 174.109.
(2)
“Department” means the State Department of Agriculture.
(3)
“Director” means one of the members of the local governing body of a district
elected or appointed in accordance with the provisions of ORS 568.210 to
568.808 and 568.900 to 568.933.
(4)
“District” means a soil and water conservation district.
(5)
“Due notice” means notice published at least twice, with an interval of at
least seven days between the two publication dates, in a newspaper or other
publication of general circulation within the appropriate area, or if no such
publication of general circulation is available, by posting at a reasonable
number of conspicuous places within the appropriate area, such posting to
include, where possible, posting at public places where it may be customary to
post notices concerning county or municipal affairs generally. At any hearing
held pursuant to such notice, at the time and place designated in such notice,
adjournment may be made from time to time without the necessity of renewing
such notice for such adjourned dates.
(6)
“Elector” means an individual qualified to vote under section 2, Article II,
Oregon Constitution.
(7)
“Government” or “governmental” means the government of the United States, and
any subdivision, agency or instrumentality, corporate or otherwise, of the
government of the United States, and any public body as defined in ORS 174.109.
(8)
“Land” or “acres of land” includes land owned by any of the parties enumerated
in subsection (10) of this section.
(9)
“Land occupier” or “occupiers of land” includes any person who is in possession
of any land lying within a district, whether as lessee, renter or tenant.
(10)
“Landowner” includes any person or public body as defined in ORS 174.109 shown
by records of the county to be the owner of land or having such land under
contract to purchase, lying within a district.
(11)
“Long-range program” means a long-range plan for the conservation and
development of the renewable natural resources of a district.
(12)
“Nominating petition” means a petition filed under ORS 568.520 to nominate
candidates for director.
(13)
“Petition” means a petition filed under ORS 568.300 (1) for the creation of a
district.
(14)
“State” means the State of Oregon.
(15)
“United States” or “agencies of the United States” includes the United States
of America, the United States Natural Resources Conservation Service, or its
successor agency, and any other agency or instrumentality, corporate or
otherwise, of the United States of America. [Amended by 1963 c.90 §1; 1969
c.610 §1; 1973 c.656 §1; 1981 c.92 §6; 1981 c.918 §6; 1983 c.83 §105; 1985
c.637 §3; 1997 c.249 §183; 2003 c.802 §144]
568.220
[Amended by 1961 c.640 §2; repealed by 1971 c.147 §3]
568.225 Policy.
(1) In recognition of the ever-increasing demands on the renewable natural
resources of the state and of the need to conserve, protect and develop such
resources, it is hereby declared to be the policy of the Legislative Assembly
to provide for the conservation of the renewable natural resources of the state
and thereby to conserve and develop natural resources, control and prevent soil
erosion, control floods, conserve and develop water resources and water
quality, prevent impairment of dams and reservoirs, assist in maintaining the
navigability of rivers and harbors, preserve wildlife, conserve natural beauty,
promote recreational development, promote collaborative conservation efforts to
protect and enhance healthy watershed functions, assist in the development of
renewable energy and energy efficiency resources, protect the tax base, protect
public lands and protect and promote the health, safety and general welfare of
the people of this state.
(2)
It is further the policy of the Legislative Assembly to authorize soil and
water conservation districts established under ORS 568.210 to 568.808 and
568.900 to 568.933 to participate in effectuating the policy set forth in
subsection (1) of this section and for such purposes to cooperate with
landowners, land occupiers, natural resource organizations, natural resource users,
local governments as defined in ORS 174.116 and with agencies of the government
of this state and of the United States in projects, programs and activities
calculated to accelerate such policies. In effectuating the policy set forth in
subsection (1) of this section, the soil and water conservation districts also
shall strive to achieve the goal set forth in ORS 468B.155. [1971 c.147 §2;
1989 c.833 §63; 2003 c.802 §145; 2009 c.220 §2]
568.230
[Amended by 1955 c.142 §5; 1963 c.90 §2; 1969 c.610 §2; repealed by 1981 c.92 §4]
568.240
[Amended by 1953 c.268 §2; 1955 c.142 §6; 1969 c.610 §4; 1971 c.133 §1; 1973
c.792 §26; repealed by 1981 c.92 §4]
568.250
[Amended by 1955 c.142 §7; repealed by 1981 c.92 §4]
568.260
[Amended by 1969 c.610 §5; repealed by 1981 c.92 §4]
568.270
[Amended by 1953 c.268 §2; 1955 c.142 §8; 1969 c.610 §6; 1971 c.133 §2;
repealed by 1981 c.92 §4]
568.280
[Amended by 1969 c.135 §2; 1969 c.314 §67; 1969 c.610 §§7,8; repealed by 1981
c.92 §4]
568.290
[Amended by 1957 c.603 §1; 1959 c.575 §1; 1961 c.641 §1; 1963 c.377 §1;
repealed by 1981 c.92 §4]
568.300 Petition for formation of
district; contents; consolidation of petitions.
(1) Any 25 or more landowners or the owners of more than 70 percent of the
acres of land lying within the limits of the territory proposed to be organized
into a district may file a petition with the State Department of Agriculture
asking that a soil and water conservation district be formed to function in the
territory described in the petition. Such petition shall set forth:
(a)
The proposed name of the district.
(b)
That there is need, in the interest of the general welfare, for a soil and
water conservation district to function in the territory described in the
petition.
(c)
A description of the territory proposed to be organized as a district. A
description is sufficient if generally accurate and need not be given by metes
and bounds or by legal subdivision.
(d)
A request that the department duly define the boundaries for the district, that
a referendum be held within the territory so defined on the question of the
formation of a district in such territory, and that the department determine
that a district be formed.
(2)
If more than one petition is filed covering parts of the same territory, the
department may consolidate all or any such petitions. [Amended by 1981 c.92 §7;
2009 c.220 §3]
568.310 Notice of hearing; questions
considered. Within 60 days after a petition
described in ORS 568.300 is filed with the State Department of Agriculture, the
department shall give notice of and hold a public hearing:
(1)
Upon the question of the desirability and necessity, in the interest of the
general welfare, of the creation of the district.
(2)
Upon the question of the appropriate boundaries to be assigned to the district.
(3)
Upon the propriety of the petition and other proceedings taken under ORS
568.210 to 568.808 and 568.900 to 568.933.
(4)
Upon all questions relevant to such inquiries. [Amended by 1981 c.92 §8; 2009
c.220 §4]
568.320 Right to be heard; subsequent
notice and hearings. (1) All owners of land and
electors within the limits of the territory described in the petition for
formation of a district, owners of lands and electors within any territory
considered for addition to the described territory, and all other interested
parties, shall have the right to attend the public hearing described in ORS
568.310 and to be heard.
(2)
If it appears upon the hearing that it may be desirable to include within the
proposed district territory outside of the area within which due notice of the
hearing has been given, the hearing shall be adjourned. Due notice of further
hearing shall then be given throughout the entire area considered for inclusion
in the district and such further hearing held. [Amended by 2009 c.220 §5]
568.330 Determination of need for
district; factors considered in determination; territory need not be
contiguous. (1) After the hearing under ORS
568.310, if the State Department of Agriculture determines upon the facts
presented at the hearing and upon such other relevant facts and information as
may be available, that there is need, in the interest of the general welfare,
for a soil and water conservation district to function in the territory
considered at the hearing, the department shall make and record the
determination and define the boundaries of the district.
(2)
In making the determination and defining the boundaries, the department shall
give due weight and consideration to:
(a)
The topography of the area considered and of the state.
(b)
The composition of the soils.
(c)
The distribution of erosion.
(d)
The prevailing land-use practices.
(e)
The desirability and necessity of including within the boundaries the
particular lands under consideration and the benefits those lands may receive
from being included within district boundaries.
(f)
The relation of the proposed area to existing watersheds and agricultural
regions and to other soil and water conservation districts already formed or
proposed for formation.
(g)
Such other physical, geographical, and economic factors as are relevant.
(3)
The territory to be included within district boundaries need not be contiguous.
[Amended by 1981 c.92 §9; 2009 c.220 §6]
568.340 Determination to not form
district; subsequent petitions may be filed. (1) If
the State Department of Agriculture determines after the hearing and after due
consideration of the relevant facts that a soil and water conservation district
in the territory is not administratively practicable or that there is no need
for a soil and water conservation district to function in the territory
considered at the hearing, the department shall make and record the
determination and deny the petition.
(2)
After one year has expired from the date of the denial of the petition,
subsequent petitions covering the same or substantially the same territory may
be filed as provided in ORS 568.300 and new hearings be held and determinations
made. [Amended by 1981 c.92 §10; 2009 c.220 §7]
568.350
[Amended by 1981 c.92 §11; repealed by 2009 c.220 §34]
568.351 Determination of boundaries for
proposed district; notice of plan to issue order; publication; request for
referendum. (1) If the State Department of
Agriculture makes and records a determination that the formation of a soil and
water conservation district within a territory is administratively practicable,
that there is a need for the district and that formation of the district
promotes the public interest and general welfare, the department shall define
the boundaries of the proposed district and shall publish notice that the
department plans to issue an order of formation for the district. The
department shall cause the notice to be published in a newspaper of general
circulation within the area of the proposed district. The notice shall include
instructions regarding the filing of a request for a referendum.
(2)
If 10 percent of the electors within the proposed district file a written
request for referendum within 30 days after publication of the notice, the
department shall schedule a referendum as described in ORS 568.391.
(3)
If a referendum is not required under subsection (2) of this section, the
department shall issue an order of formation for the district. The order must
set forth the name of the district and the district boundaries defined by the
department. [2009 c.220 §8]
568.360
[Amended by 1981 c.92 §12; repealed by 2009 c.220 §34]
568.370 Eligible electors.
(1) All electors residing within the boundaries of the territory, as determined
by the State Department of Agriculture, shall be eligible to vote in the
referendum.
(2)
For the purpose of the referendum, the county clerk shall assist the department
in obtaining a list of electors residing within the boundaries of the proposed
area. [Amended by 1957 c.603 §2; 1973 c.656 §2; 1981 c.92 §13]
568.380 Department to pay expenses and
supervise hearings and referenda; informalities in referendum.
(1) The State Department of Agriculture shall pay all expenses for issuance of
the notices and conduct of the hearings and referenda, and shall supervise the
conduct of the hearings and referenda. It shall issue appropriate regulations
governing the conduct of the hearings and referenda.
(2)
No informalities in the conduct of the referendum or in any matters relating thereto
shall invalidate the referendum or the result thereof, if notice thereof was
given substantially as provided in ORS 568.310 or 568.320 and the referendum
was fairly conducted. [Amended by 1981 c.92 §14; 1983 c.83 §106]
568.390
[Amended by 1973 c.656 §3; 1981 c.92 §15; repealed by 2009 c.220 §34]
568.391 Referendum process; ballot
contents; results. (1) If a referendum regarding
the formation of a district is required under ORS 568.351, the State Department
of Agriculture shall:
(a)
Prepare appropriate ballots and administer the referendum election process; or
(b)
Enter into an agreement with county officials for administration of the
referendum election process by the county.
(2)
The ballot for a referendum election must include a map or other description of
the boundaries of the proposed district, provided by the department, that uses
legal descriptions and generally recognized features. The ballots must comply
with ORS 250.035.
(3)
If the legally required number of ballots approve the formation of the
district, the department shall issue an order of formation for the district as
provided under ORS 568.351 and appoint directors as provided under ORS 568.400.
If the required number of ballots to approve the formation are not cast, the
department may not issue an order for formation of the district.
(4)
If a referendum does not approve a proposal to form a district, the department
may not accept the filing of a petition covering the same or substantially the
same territory as the disapproved proposal until one year after the referendum
election date. Upon the filing under ORS 568.300 of a petition covering the
same or substantially the same territory as the disapproved proposal, the
department shall conduct new hearings and make new determinations regarding the
district formation proposed by the petition. [2009 c.220 §9]
568.400 Appointment of first directors of
district. If the State Department of Agriculture
determines that the operation of the proposed district within the defined
boundaries is administratively practicable and feasible, the department shall
appoint a board of five directors for the district, to serve terms as provided
under ORS 568.560. [Amended by 1955 c.142 §10; 1981 c.92 §16; 2009 c.220 §10]
568.410 Formation of district.
A soil and water conservation district may be formed in the following manner:
(1)
The board of directors appointed under ORS 568.400 shall present to the
Secretary of State an application signed and sworn to by them, which shall set
forth the procedure followed in the formation of the district.
(2)
The application shall be accompanied by a map of uniform scale showing the
location and legal boundaries of the district and by a statement by the State
Department of Agriculture. The statement shall certify that the district was
formed in compliance with ORS 568.300 to 568.790.
(3)
The Secretary of State shall examine the application and statement. If the
Secretary of State finds that the name proposed for the district is not
identical with that of any other district of this state or so nearly similar as
to lead to confusion or uncertainty, the Secretary of State shall receive and
file them and shall record them in an appropriate book of record in the office
of the secretary.
(4)
If the Secretary of State finds that the name proposed for the district is
identical with that of any other soil and water conservation district of this
state or so nearly similar as to lead to confusion and uncertainty, the
Secretary of State shall notify the department. The department shall submit to
the Secretary of State a new name for the district that is not identical or
substantially similar to the name of any other district.
(5)
Upon receipt of the new name, the Secretary of State shall record the
application and statement, with the name so modified.
(6)
The formation of the district is final when the application and statement have
been made, filed and recorded as provided in this section. [Amended by 1955
c.142 §11; 1973 c.656 §4; 1981 c.92 §17; 1983 c.83 §106a; 2003 c.802 §146; 2009
c.220 §11]
568.420 Certificate of formation;
boundaries of district. (1) The Secretary of State shall
make and issue to the board of directors appointed under ORS 568.400 a
certificate, under the seal of the state, of the formation of the soil and
water conservation district, and shall record the certificate with the
application and statement.
(2)
The boundaries of the district shall include the territory as determined by the
department as provided in ORS 568.330, but may not include any area included
within the boundaries of another soil and water conservation district. [Amended
by 1955 c.142 §12; 1981 c.92 §18; 2009 c.220 §12]
568.430
[Amended by 1955 c.142 §13; 1957 c.603 §3; 1973 c.656 §5; 1981 c.92 §19;
repealed by 2009 c.220 §34]
568.431 Petitions for inclusion of
territory; conditions; referendum. (1) Except as
provided under ORS 568.445, one or more landowners may petition the State
Department of Agriculture to include the land of the petitioning landowners in
an existing soil and water conservation district. The department shall
prescribe the form for the petition. The petition must include, but need not be
limited to, a legal description of the property, landowner information and the
reasons for the proposed inclusion.
(2)
The department shall approve the petition if the department, in consultation
with the district board of directors, determines that:
(a)
It is or would be feasible for the land described in the petition to receive
services from the district; and
(b)
The work of the district would benefit the soil, water or natural resource
conditions of the land described in the petition.
(3)
The department shall deny the petition if the department, in consultation with
the district board, determines that:
(a)
It is not and would not be feasible for the land described in the petition to
receive services from the district; or
(b)
The work of the district would not benefit the soil, water or natural resource
conditions of the land described in the petition.
(4)
If the department approves the petition, the department shall redefine the
boundaries of the district and make any adjustments to the district zones
necessary to comply with ORS 568.560.
(5)
Land that becomes included in a district that has ad valorem tax authority is
subject to taxes levied for the district after the inclusion date. The district
board shall provide the notice of boundary change to the Department of Revenue
and the county assessor under ORS 568.435.
(6)
If a petitioner disagrees with the decision of the department, the petitioner
may initiate a referendum on the decision by submitting additional petitions
signed by 10 percent or more of the electors residing in the existing district.
The referendum election shall be governed by ORS chapter 255. Only electors residing
in the existing district are eligible to cast ballots in the referendum
election.
(7)
If a majority of the ballots cast at the referendum election are in favor of
inclusion, the department shall approve the petition, redefine the boundaries
of the district and make any adjustments to the district zones necessary to
comply with ORS 568.560. [2009 c.220 §14]
568.433 Petitions for withdrawal of
territory; conditions; referendum. (1) Except as
provided in ORS 568.445, one or more landowners may petition the State
Department of Agriculture to withdraw the land of the petitioning landowners
from an existing soil and water conservation district. The department shall
prescribe the form for the petition. The petition must include, but need not be
limited to, a legal description of the property, landowner information and the
reasons for the proposed withdrawal.
(2)
The department shall approve the petition if the department, in consultation
with the district board of directors, determines that:
(a)
It is not and would not be feasible for the land described in the petition to
receive services from the district; or
(b)
The work of the district would not benefit the soil, water or natural resource
conditions of the land described in the petition.
(3)
The department shall deny the petition if the department, in consultation with
the district board, determines that:
(a)
It is or would be feasible for the land described in the petition to receive
services from the district; and
(b)
The work of the district would benefit the soil, water or natural resource
conditions of the land described in the petition.
(4)
If the department approves the petition, the department shall redefine the
boundaries of the district and make any adjustments to the district zones
necessary to comply with ORS 568.560.
(5)
Land withdrawn from a district with an ad valorem tax is not subject to taxes
levied for the district after the withdrawal date. The district board shall
provide the notice of boundary change to the Department of Revenue and the
county assessor under ORS 568.435.
(6)
If a petitioner disagrees with the decision of the department, the petitioner
may initiate a referendum on the decision by submitting additional petitions
signed by 10 percent or more of the electors residing in the existing district.
The referendum election shall be governed by ORS chapter 255. Only electors
residing in the existing district are eligible to cast ballots in the
referendum election.
(7)
If a majority of the ballots cast at the referendum election are in favor of
the withdrawal, the department shall approve the petition, redefine the
boundaries of the district and make any adjustments to the district zones
necessary to comply with ORS 568.560. [2009 c.220 §15]
568.435 Boundary change notice for
taxation purposes. For purposes of ad valorem
taxation, a boundary change must be filed in final approved form with the
county assessor and the Department of Revenue as provided in ORS 308.225. [2001
c.138 §50]
Note:
568.435 was added to and made a part of 568.210 to 568.808 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
568.440 District legally formed;
certificate as evidence. In any suit, action or
proceeding involving the validity or enforcement of, or relating to, any
contract, proceeding or action of a soil and water conservation district, the
district shall be deemed to have been formed in accordance with ORS 568.210 to
568.808 and 568.900 to 568.933 upon proof of the issuance by the Secretary of
State of the certificate provided for in ORS 568.420 or 568.555. A copy of such
certificate certified by the Secretary of State shall be admissible in evidence
in any such suit, action or proceedings and shall be proof of the filing and
contents of the certificate. [Amended by 1983 c.740 §219; 2009 c.220 §13]
568.445 Petitions for inclusion of
territory wholly within another district; approval or disapproval by directors
and department. (1) Proceedings for inclusion
within a district territory adjacent thereto and located wholly within another
district may be initiated by:
(a)
A petition for inclusion filed with the directors of the district within which
the territory is proposed to be included, signed by 25 or two-thirds, whichever
is the lesser, of the landowners of the adjacent territory; or
(b)
Resolutions for inclusion adopted by the board of directors of each district to
be affected by the inclusion and filed with the State Department of
Agriculture.
(2)
The department shall prescribe the form for such petitions. The directors of
the district within which the territory is proposed to be included shall
approve or disapprove such a petition. If they approve the petition, the
directors shall forward it to the department.
(3)
Upon receipt of a petition forwarded as provided in subsection (2) of this
section or a resolution as provided in subsection (1)(b) of this section, the
department shall investigate the proposed inclusion of territory, taking into
consideration:
(a)
The reasons for the proposed inclusion.
(b)
The reaction of the landowners of the district within which the territory in
question is located to the proposed inclusion.
(c)
The effect of the inclusion on the district within which the territory in
question is located and the district within which the territory is proposed to
be included.
(d)
Any other matters deemed pertinent by the department.
(4)
After the investigation the department shall approve or disapprove the
petition. If the department approves the petition, the inclusion of the
territory within the one district and the withdrawal thereof from the other
district shall be effective, and the department shall present to the Secretary
of State a statement of such approval and a map of each district affected
showing the new boundaries thereof. The Secretary of State, upon receipt of the
statement and maps, shall make the necessary changes in the appropriate records
in the office of the secretary. [1955 c.142 §3; 1973 c.656 §6; 1981 c.92 §20]
568.450 Procedure for consolidating
districts. (1) Proceedings to consolidate two or
more soil and water conservation districts may be initiated by:
(a)
Petitions to consolidate filed with the State Department of Agriculture by 500
electors or 10 percent of the electors, whichever is less, within the districts
affected; or
(b)
Resolutions to consolidate adopted by the board of directors of each district
to be affected by the consolidation and filed with the department.
(2)
The department shall prescribe the form for the petition. The petition must
include, but need not be limited to, a legal description of the districts, name
and contact information for the chief petitioner and the reasons for the
proposed consolidation.
(3)
If consolidation is initiated as provided in this section, the department shall
hold a public hearing no later than 60 days after receipt of the petitions or
resolutions. The department shall conduct the public hearing for the purposes
of reviewing the petitions or resolutions, discussing procedures and
requirements under ORS 568.460, 568.471 and 568.545 and accepting public
comment.
(4)(a)
If all of the districts involved in a consolidation have tax levies, the
districts shall hold a referendum election on the consolidation unless:
(A)
No objections to the consolidation are received at the public hearing described
in subsection (3) of this section; and
(B)
No later than 60 days after the public hearing described in subsection (3) of
this section, a two-thirds majority of the board of directors in each of the
districts votes to approve the consolidation and the boundaries of the
consolidated district.
(b)
The permanent tax rate for the consolidated district shall be established as
provided under section 11 (3)(d), Article XI of the Oregon Constitution.
(5)
If none of the districts involved in a consolidation have tax levies, the
districts shall hold a referendum election on the consolidation unless:
(a)
No objections to the consolidation are received at the public hearing described
in subsection (3) of this section; and
(b)
No later than 60 days after the public hearing described in subsection (3) of
this section, a two-thirds majority of the board of directors in each of the
districts votes to approve the consolidation and the boundaries of the
consolidated district.
(6)
If a consolidation is between one or more districts having tax levies and one
or more districts that do not have tax levies, the districts shall hold a
referendum election on the consolidation. The ballot measure shall indicate
that a single question is being proposed, consisting of whether the districts
should consolidate into a single district for which the permanent rate limit
specified in the ballot measure shall be adopted as the permanent rate limit of
operating taxes for the consolidated district.
(7)
The counties containing the affected districts shall administer the referendum
election process as provided under ORS chapter 255. [Amended by 1965 c.155 §1;
1981 c.92 §21; 2005 c.281 §1; 2009 c.220 §16]
568.460 Referendum; eligible electors;
majority required. In the holding of the referendum
for consolidation all electors residing within the affected districts shall be
eligible to vote. Unless a majority of the electors in each of the districts
involved votes in favor of the proposal, the districts shall not be
consolidated. [Amended by 1973 c.656 §7]
568.470
[Amended by 1961 c.236 §1; repealed by 2009 c.220 §34]
568.471 Effect of consolidating districts.
If two or more soil and water conservation districts are consolidated, the
corporate existence of the districts and, except as provided in ORS 568.545,
the terms of office for the board of directors of the former districts expire
upon the Secretary of State issuing and recording a certificate of formation
for the consolidated district. Upon consolidation, the consolidated district
shall assume and be vested with all rights and liabilities of the former
districts. [2009 c.220 §17]
568.480
[Amended by 1973 c.656 §8; 1981 c.92 §22; repealed by 2009 c.220 §34]
568.481 Methods for initiating dissolution
of district; notice of process initiation; plan of dissolution and liquidation;
public hearings; dissolution order; referendum.
(1) The dissolution of a soil and water conservation district may be initiated
by any of the following methods:
(a)
A petition by 500 electors or 10 percent of the electors within the district,
whichever is less, filed with the State Department of Agriculture.
(b)
A resolution of the district board of directors filed with the department. The
district board may adopt a resolution described in this paragraph only if the
board finds that dissolution and liquidation of the district is in the public
interest.
(c)
District board notification to the department that the board is unable to maintain
a quorum of directors or that the district is unable to satisfy the legal
obligations and liabilities of the district.
(d)
An order of the department, if the department determines that the district is
inactive, that the district board is unable to maintain a quorum of directors
or that the district is unable to satisfy the legal obligations and liabilities
of the district.
(2)
The department shall prescribe the form for a petition for dissolution. The
petition must include, but need not be limited to, a legal description of the
district, name and contact information for the chief petitioner and the reasons
for the proposed dissolution. No later than 60 days after receiving the
petition, the department shall verify the petition signatures.
(3)
Upon the initiation of a dissolution by any method, the department shall
provide the district with written notice that the dissolution process has been
initiated and shall request information from the district board for use in
public meetings and public hearings.
(4)
No later than 60 days after receiving a written request for information from
the department, the district board shall provide the department with the
requested information and a plan of dissolution and liquidation for the
district. The information and plan shall include, at a minimum:
(a)
The amount of district debt, a general description of the indebtedness and the
names and contact information for persons owed, including but not limited to,
payroll and other accrued liabilities;
(b)
A brief description of the district’s real property and interests in real
property;
(c)
A description of conservation easements held by the district;
(d)
A description of the uncollected taxes, assessments and charges levied by the
district;
(e)
A description of personal property and other assets of the district;
(f)
The estimated cost of dissolution; and
(g)
A general description of all district contracts, grants and agreements, a
description of receivables and payables for each contract, grant and agreement
and a description of the work or other obligations remaining on each contract,
grant or agreement.
(5)
If the district is within the jurisdiction of a local government boundary
commission, no later than 10 days after the district board provides the plan of
dissolution and liquidation to the department, the district board shall provide
a copy of the plan to the boundary commission.
(6)
The department shall have full access to district records. If the district is
unable to prepare a plan of dissolution and liquidation, the department shall
review the district records and prepare the plan.
(7)
The department shall conduct public meetings and public hearings as necessary
to present the plan of dissolution and liquidation and to aid in the
consideration of dissolution.
(8)
If the dissolution is initiated by petition, the department may order the
district dissolved without a referendum election if:
(a)
No later than 60 days after the department receives the petition, the district
board adopts a resolution to dissolve the district and the department
determines that dissolution of the district is in the public interest; or
(b)
No later than 60 days after holding a public hearing regarding dissolution of
the district, the department finds that the district board is unable to
maintain a quorum of directors or that the district is unable to satisfy the
legal obligations and liabilities of the district.
(9)
Except as provided in subsection (8) of this section, if the dissolution is
initiated by petition, after holding a public hearing and giving notice of a
referendum election, the department shall hold an election. The election shall
be for the purpose of submitting to the electors of the district the question
of whether the district should be dissolved, the indebtedness of the district
liquidated and district assets disposed of, as provided under the plan for
dissolution and liquidation. The election shall be held on the next special
election date described in ORS 255.345 for which the filing deadline can be
met. However, an election may not be held unless the department has:
(a)
Made provision for the district to pay to the department, to the extent
practicable, the cost of the referendum; and
(b)(A)
Obtained assent to the dissolution and liquidation from all known holders of a
valid indebtedness against the district; or
(B)
Made provision in the plan of dissolution and liquidation for the payment of
nonassenting holders.
(10)
The notice of election must contain a brief summary of the plan of dissolution
and liquidation and state that the plan is available for examination at the
office of the county clerk. Only electors residing in the district are eligible
to cast ballots in the referendum election. An informality in the conducting of
the referendum election, or in matters regarding the election, does not
invalidate the election or results if notice of the election was given in
substantial compliance with this section and the election was fairly conducted.
(11)
If a majority of the ballots cast at the referendum election are in favor of
dissolution, the department shall approve the petition and order dissolution of
the district. If a majority of the ballots cast disapprove the proposed
dissolution, the department may not order dissolution of the district.
(12)
If a referendum does not approve a proposal to dissolve a district, the
department may not accept the filing of a new petition for dissolution of the
district until one year after the referendum election date. Upon the filing of
a new petition for dissolution of the district, the department shall make new
requests for information from the district board and hold new public meetings
and public hearings as provided under this section. [2009 c.220 §18]
568.490
[Amended by 1955 c.142 §14; 1981 c.92 §23; repealed by 2009 c.220 §34]
568.491 Termination of board of directors;
appointment of board of trustees; notice of dissolution; certificate of
dissolution. (1) If referendum election results
favor the dissolution of a soil and water conservation district, or if the
State Department of Agriculture orders the dissolution of a district under ORS
568.481 without a referendum election, the department shall declare the member
positions of the district board of directors to be vacant and appoint three
individuals to serve as a board of trustees for winding up the affairs of the
district.
(2)
The board of trustees shall consult with the department for the purpose of
implementing the plan of dissolution and liquidation and carrying out the
following:
(a)
Payment of debts, or securing the release of debts, and disposing of district
property.
(b)
Settling all books and other records of the district and delivering the records
to the department.
(c)
Executing under oath, and filing with the department, a statement that the district
has been dissolved and liquidated.
(d)
Transferring conservation easements and other contracts that are to remain in
effect.
(3)
Upon receiving the statement of dissolution and liquidation from the trustees,
the department shall give notice of the dissolution and of the termination of
the corporate existence of the district for all purposes to:
(a)
The Secretary of State;
(b)
Affected county governments;
(c)
The Department of Revenue;
(d)
Known holders of valid indebtedness of the district; and
(e)
Other agencies or entities as the State Department of Agriculture deems
appropriate.
(4)
Upon receiving notice from the State Department of Agriculture of district
dissolution and termination of corporate status, the Secretary of State shall
issue and record a certificate of dissolution for the district. [2009 c.220 §19]
568.495 Disposition of district assets;
insolvency; rules. (1) If a soil and water
conservation district that is being dissolved has tax levying authority, the
board of trustees for the district shall turn over to the county treasurer any
surplus moneys remaining to the credit of the district after payment of the
indebtedness of the district. If the assets of the district are insufficient to
pay the indebtedness, the board of trustees shall levy taxes, within the limits
of the authority of the district, for the liquidation of the indebtedness.
(2)
In each year that the county receives surplus moneys to the credit of a
district described in subsection (1) of this section, the county assessor shall
certify any moneys in the district account on June 30, except moneys not in
excess of $6,000 that the county retains for administration. The certified
moneys shall be disposed of in one of the following manners, as selected by the
county assessor:
(a)
Notwithstanding ORS 310.105, the moneys may be offset against that portion of
the levies of taxing units levied against the property values of property
within the dissolved district. The Department of Revenue shall adopt rules
further defining the method of offset. If the moneys are offset as provided
under this paragraph, the moneys shall be distributed to each taxing unit in
the amount of that taxing unit’s offset.
(b)
The amount may be credited to each property appearing on the tax roll for the
year for which the credit applies within the dissolved district on the basis of
current assessed value. If the certified moneys are distributed under this
paragraph, the moneys shall be deposited in the unsegregated tax collections
account established under ORS 311.385 and distributed in the same manner as
other moneys in that account. The Department of Revenue shall adopt rules
further defining the method to be used to credit the amount.
(3)
If a district that is being dissolved does not have tax levying authority, the
board of trustees shall turn over to the State Department of Agriculture any
surplus moneys remaining to the credit of the district after payment of the
indebtedness of the district. If the assets of the district are insufficient to
pay the indebtedness, the board of trustees shall determine whether any of the
indebtedness is given priority by law over other indebtedness. The board of
trustees shall apply the assets of the district first to the payment of
indebtedness that is given priority by law over other indebtedness. If any
assets remain after the payment of indebtedness that is given priority by law,
the board of trustees shall apply the assets to the payment of a uniform
percentage of each remaining indebtedness.
(4)
The board of trustees may transfer any district assets, other than moneys,
available after the payment of all district indebtedness to the State
Department of Agriculture or to another soil and water conservation district. [2009
c.220 §20]
568.500 Order of dissolution; effect.
Upon issuance of an order of dissolution by the State Department of
Agriculture, all ordinances and regulations adopted and in force within the
former soil and water conservation district shall be of no further force and
effect. [Amended by 1981 c.92 §24; 2009 c.220 §21]
568.510 Proceedings for dissolution
limited. The State Department of Agriculture may
not entertain petitions for dissolution of any soil and water conservation
district or conduct a referendum or make findings regarding a petition for
dissolution of a district in accordance with ORS 568.481 more often than once
each year after the first five-year period following formation of the district.
[Amended by 1981 c.92 §25; 2009 c.220 §22]
568.515 [1955
c.142 §4; 1981 c.92 §26; repealed by 2009 c.220 §34]
568.520 Petitions nominating directors;
regular elections; duties of department. (1) A regular
election shall be held in each soil and water conservation district on the
first Tuesday following the first Monday of November in each even-numbered year
for the purpose of electing directors to succeed the directors whose terms
expire the following January. Nominating petitions of candidates for director
to be voted for at a general district election shall be filed with the
department no later than a date set by the State Department of Agriculture.
(2)
The department may extend the time within which nominating petitions may be
filed.
(3)
The department may not accept a nominating petition unless the petition is
subscribed by 10 or more electors residing within the boundaries of the
district.
(4)
Electors residing within the boundaries of the district may sign more than one
nominating petition to nominate more than one candidate for director.
(5)
To the extent of any conflict between ORS chapter 255 and the provisions of ORS
568.530, 568.545 and 568.560 and this section, the provisions of ORS 568.530,
568.545 and 568.560 and this section control. Elections officers, as defined in
ORS 255.005, are not responsible for delivering, preparing or publishing
information concerning district elections.
(6)
The department shall timely distribute and collect the forms established by the
Secretary of State for updating information on members of district boards,
including, but not limited to, any forms for information concerning the
district offices to be filled or for which candidates are to be nominated or
elected, or for information concerning the candidates. The district shall
timely prepare and publish notice of the date for filing nominating petitions
and the date of the election in a newspaper of general circulation within the
district no later than 30 days before the final filing date. The department
shall retain the information forms and publication information for not less
than four years after the election for which the forms and publication were
completed. [Amended by 1973 c.656 §9; 1981 c.92 §27; 1983 c.83 §106b; 1983
c.238 §2; 2007 c.690 §1; 2009 c.220 §23]
568.530 Ballots; write-in votes; unfilled
positions. (1) The State Department of Agriculture
shall furnish the names of all nominees for director on behalf of whom
nominating petitions have been filed to the county clerk of the respective
counties lying within the district not less than the 61st day before the date
of the general election. Ballots shall be printed, voted, counted and canvassed
in conformity with the provisions of general law relating to elections, except
as otherwise provided by subsections (2) to (4) of this section or ORS 568.210
to 568.808 and 568.900 to 568.933.
(2)
If no nominee for a position qualifies under subsection (1) of this section to
have the name of the nominee furnished to the county clerk for placement on the
ballot, the position becomes open for write-in votes on the ballot. An elector
who meets the qualifications to become a director of the district in a position
for which no candidate qualifies under subsection (1) of this section may file
with the department a declaration of intent and request for write-in votes to
be tallied. The person must file the declaration and request no later than 14
days before the date of the election. The declaration and request must certify
that the person is legally qualified to assume the duties of director and
desires the position.
(3)
Upon receipt of a declaration and request filed under subsection (2) of this
section, the department shall take actions the department deems necessary to
determine whether the person filing the declaration and request is an elector
who meets the qualifications to become a director of the district. If the
department determines that the person is an elector who meets the
qualifications, the department shall notify the county clerk to count the
write-in votes for the person.
(4)
If no nominee for a position qualifies under subsection (1) of this section to
have the name of the nominee furnished to the county clerk for placement on the
ballot and no person filing a declaration and request for the position
qualifies under subsection (3) of this section to have the county clerk count
the write-in votes for that person, the county clerk may not count any write-in
votes cast for any person for the position. If no nominee for a position
qualifies under subsection (1) of this section to have the name of the nominee
furnished to the county clerk for placement on the ballot and no person filing
a declaration and request for the position qualifies under subsection (3) of
this section to have the county clerk count write-in votes for the person, the
local governing body of the district shall appoint a person to each position
that was not filled at the election. [Amended by 1973 c.656 §10; 1981 c.92 §28;
1993 c.493 §86; 2007 c.690 §2; 2009 c.220 §24]
568.540
[Amended by 1955 c.142 §15; 1973 c.656 §11; 2007 c.690 §3; repealed by 2009
c.220 §34]
568.542 Payment of expenses for director election
from county funds. The expenses incurred for the
election of directors of a soil and water conservation district under ORS
568.210 to 568.808 and 568.900 to 568.933 shall be paid out of county funds by
the county or counties within which the territory of the district lies. [1995
c.243 §2]
Note:
568.542 was added to and made a part of 568.210 to 568.808 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
568.545 Procedure for selection of
directors of consolidated districts; selection of officers.
(1) If two or more soil and water conservation districts are consolidated, all
directors of the former districts may continue to serve until directors for the
consolidated district are elected as provided in this subsection. Not later
than 30 days after the date of issuance of the certificate referred to in ORS
568.471, the boards of the former districts shall hold a joint meeting. At the
joint meeting, a majority of all the directors of all the former districts
constitutes a quorum for the transaction of business. The directors so
assembled shall elect seven persons from among their number to serve as
directors of the consolidated district. The term of office of the directors
elected as provided in this subsection shall be as provided in ORS 568.560
(5)(b). The number of directors of a consolidated district may be reduced to
five in the manner provided in ORS 568.565.
(2)
The directors elected as provided in subsection (1) of this section shall
select a chairperson, secretary and other necessary officers and select a
regular date for the annual and other meetings. [1965 c.155 §3; 1969 c.393 §1;
1973 c.656 §12; 2007 c.690 §4; 2009 c.220 §25]
568.550 General powers of board of
directors; erosion control covenants; interagency cooperation; land use regulations;
department rules. (1) The board of directors of a
soil and water conservation district has the following powers:
(a)
To secure surveys and investigations and do research relating to:
(A)
The character of soil erosion;
(B)
The character of floodwater and sediment damage;
(C)
All phases of the conservation, development, utilization and disposal of water;
and
(D)
The preventive measures, control measures and improvements needed.
(b)
To conduct demonstrational projects on lands within the district upon obtaining
the consent of the owner and occupier of such lands.
(c)
To carry out preventive and control measures on lands within the district upon
obtaining the consent of the owner and occupier of those lands.
(d)
To enter into written agreements with and, within the limits of appropriations
duly made available to the board by law, to furnish financial or other aid to
any governmental or nongovernmental agency or any owner or occupier of lands
within the district, for the purpose of:
(A)
Carrying on within the district soil erosion control and prevention operations,
water quality improvement, watershed enhancement and improvement, fish and wildlife
habitat management activities and other natural resource management activities;
or
(B)
Carrying out district responsibilities under ORS 541.898, 568.225, 568.550 and
568.900 to 568.933.
(e)
To obtain options upon and to acquire by purchase, exchange, lease, gift,
grant, bequest or devise any property, real or personal or rights or interests
therein, to maintain, administer and improve any properties acquired, to
receive income from such properties and to expend such income in carrying out
the purposes and provisions of ORS 568.210 to 568.808 and 568.900 to 568.933,
and to sell, lease or otherwise dispose of any of its property or interests
therein in furtherance of the purposes and the provisions of ORS 568.210 to
568.808 and 568.900 to 568.933.
(f)
To borrow money and to mortgage personal property of the district as security
for the borrowed money, if the district first gives notice of and holds a
public hearing within the district to provide landowners with the opportunity
to be heard. The State Department of Agriculture shall adopt rules specifying
the manner for giving notice of a hearing under this subsection.
(g)
To issue general obligation bonds of the district as provided in ORS 568.803.
(h)
To make available, on such terms as the directors shall prescribe, to
landowners or occupiers within the district, agricultural and engineering
machinery and equipment, fertilizer, seeds, and seedlings and other material or
equipment.
(i)
To construct, operate and maintain such structures as may be necessary or
convenient for performance of any of the operations authorized in ORS 568.210
to 568.808 and 568.900 to 568.933.
(j)
To develop comprehensive plans and specifications for the conservation of soil
resources and for the continued control and prevention of soil erosion within
the district, and to publish such plans, specifications and information and
bring them to the attention of owners and occupiers of lands within the
district.
(k)
To take over, by purchase, lease or otherwise, and to administer, any soil
conservation, erosion control or erosion prevention project, or combination
thereof, located within district boundaries undertaken by the United States or
any of its agencies, or by this state or any of its agencies.
(L)
To manage, as agent of the United States or any of its agencies, or of this
state or any of its agencies, any soil conservation, erosion control or erosion
prevention project, or combination thereof, within district boundaries.
(m)
To act as agent for the United States or any of its agencies, in connection
with the acquisition, construction, operation or administration of any soil
conservation, erosion control or erosion prevention project, or combination
thereof, within district boundaries.
(n)
To accept donations, gifts and contributions in money, services, materials, or
otherwise, from the United States or any of its agencies, or from this state or
any of its agencies, and to use or expend such moneys, services, materials or
other contributions in carrying on its operations.
(o)
To sue and to be sued in the name of the district, to have a seal, which shall
be judicially noticed, to have perpetual succession unless terminated as
provided by law, to make and execute contracts and other instruments necessary
or convenient to the exercise of its powers, and to make, and from time to time
amend or repeal, rules not inconsistent with ORS 568.210 to 568.808 and 568.900
to 568.933 to carry into effect its purposes and powers.
(p)
To purchase liability or indemnity insurance, in such amounts and containing
such terms and conditions as the board believes necessary for the protection of
directors, officers and employees of the district against claims incurred in
the performance of official duties. The premiums for such insurance shall be
paid out of moneys available for expenditure by the district.
(q)
To place liens on real and personal property.
(r)
To enter into written agreements with, coordinate activities with and provide
assistance to landowners, managers and residents within the district and
federal state and local governments, relating to natural resource issues,
including but not limited to issues of:
(A)
Agriculture and forestry;
(B)
Economic development based on natural resources;
(C)
Watershed management and ecosystem health;
(D)
Invasive species;
(E)
Alternative and renewable energy;
(F)
Air quality;
(G)
Animal waste and nutrient management;
(H)
Carbon sequestration;
(I)
Access to market-based services and certification;
(J)
Fuel reduction and wildfire planning and management; and
(K)
Preservation of agricultural, forestry and other lands.
(s)
To conduct outreach and conservation education activities.
(t)
To provide financial assistance, including but not limited to loans and grants
to implement activities and projects authorized under ORS 271.715 to 271.795,
568.210 to 568.808 or 568.900 to 568.933.
(u)
To hold patents, trademarks and copyrights.
(v)
To hold conservation easements under ORS 271.715 to 271.795.
(2)
As a condition to the extending of any benefits under ORS 568.210 to 568.808 or
568.900 to 568.933 to lands, or the performance of work upon lands, the
directors may require contributions in money, services, materials or otherwise
to any operations conferring such benefits, and may require landowners or
occupiers to enter into and perform such agreements or covenants as to the
permanent use of such lands as will tend to prevent or control erosion thereon.
(3)
In order to avoid duplication of activities under subsection (1)(a) of this
section, the department may call upon other state and federal agencies for
assistance and cooperation in their fields in accordance with memoranda of
understanding to be signed by all cooperating agencies.
(4)
A district may not adopt land use regulations under ORS chapter 197, 215 or
227. A district has the standing of an affected property owner to participate
in public processes involving administrative rules, regulations, goals,
guidelines, plans or other public body actions that may affect one or more
properties within the district. [Amended by 1955 c.142 §16; 1957 c.603 §4; 1961
c.640 §3; 1973 c.656 §13; 1981 c.92 §29; 2005 c.22 §386; 2005 c.282 §1; 2009
c.220 §26]
568.552 Power of directors to manage and
control water resources and projects; authority of Water Resources Commission.
(1) The members of the local governing body of a soil and water conservation
district shall have, in addition to the powers granted to them by ORS 568.550
and within the limits of appropriations and other moneys duly made available to
the soil and water conservation district, the power:
(a)
To plan, construct, maintain, manage, administer or control any works of
improvement for flood prevention or for the conservation, development,
utilization or disposal of water upon lands within their respective districts
upon obtaining the consent of the landowner as defined in ORS 568.210, and the
land occupier as defined in ORS 568.210, of such lands.
(b)
To enter into written agreements to furnish financial or other aid to any
agency, governmental or otherwise, or any landowner as defined in ORS 568.210,
or land occupier as defined in ORS 568.210, or both of them, of lands within
the district, for flood prevention or for the conservation, development,
utilization or disposal of water within their respective districts.
(c)
To manage, as agent, or to take over, by purchase, lease, or otherwise any
flood prevention, drainage, irrigation or agricultural water management project
or any combination thereof, undertaken by the United States or any of its agencies,
or by this state or any of its agencies.
(2)
Authority granted under this chapter shall be subject to the authority of the
Water Resources Commission to formulate an integrated, coordinated program for
the use and control of all water resources of this state and to classify and
withdraw water resources of this state under ORS 536.300 to 536.410. [1961
c.640 §1]
568.554 District to submit program and
work plans for department review. Each
conservation district shall submit to the State Department of Agriculture its
proposed long-range program and annual work plans for review and comment. [1973
c.656 §20; 1981 c.92 §30]
568.555 Name of district may be changed.
Upon approval by the State Department of Agriculture, the directors of a soil
and water conservation district may submit to the Secretary of State a proposed
new name for the district. If the proposed new name is not identical with that
of any other soil and water conservation district of this state or so nearly
similar as to lead to confusion or uncertainty, the Secretary of State shall
make the change in names on the appropriate records in the office of the
secretary, and shall record and issue to the directors a new certificate of
formation for the district containing the new name. If the proposed new name
does not satisfy such requirement, the Secretary of State shall so notify the
directors, who may submit a new name which does satisfy such requirement. [1955
c.142 §2; 1981 c.92 §31; 2009 c.220 §27]
568.560 Number of directors; director qualifications;
officers; election; terms; vacancies. (1) The local
governing body of the soil and water conservation district shall consist of a
board of either five or seven directors elected or appointed as provided by
law. To ensure proper representation of all the people in the district and to
facilitate district functions, the State Department of Agriculture shall
provide for the zoning of each district, and shall provide each time directors
are elected or appointed for the proper and equitable representation for each
zone.
(2)
Two director positions shall be at-large positions. At-large directors must
reside within the district and be registered voters.
(3)
Zone directors must own or manage 10 or more acres of land in the district, be
involved in the active management of the property, reside within the boundaries
of the district and be registered voters. Zone directors may either reside
within the zone that is represented or own or manage 10 or more acres within
the zone that is represented and be involved in the active management of the
property. An individual may also serve as a zone director when the individual,
in lieu of the other requirements specified in this subsection, resides within
the zone that is represented and indicates an interest in natural resource
conservation as demonstrated by serving at least one year as a director or
associate director of a district and having a conservation plan that is
approved by the district. Candidates nominated for director from a specific
zone shall be voted on by all electors within the district.
(4)
The directors shall designate a chairperson, secretary and other officers as
necessary and may, from time to time, change such designation.
(5)
The term of office of each director shall be four years, except that:
(a)
Of the directors first appointed under ORS 568.400, two shall serve until
January first following the first general election following their appointment,
and three shall serve until January first following the second general election
following their appointment, as determined by the department, and thereafter,
their successors shall be elected as provided by law for other elected
directors.
(b)
Of the directors first elected as provided in ORS 568.545 (1), three shall
serve until January first following the first general election and four shall
serve until January first following the second general election after the date
of their election, as determined by them by lot at the meeting referred to in
ORS 568.545 (1).
(c)
Of the directors first elected as provided in ORS 568.565 (1), three shall
serve until January first following the first general election and two shall
serve until January first following the second general election after the date
of their election, as determined by them by lot at the meeting referred to in
ORS 568.565 (1).
(d)
Of the zone directors elected as provided under ORS 568.565 (2), three shall
serve until January first following the first general election and two shall
serve until January first following the second general election after the date
of their election, as determined by lot at the meeting referred to in ORS
568.565 (2).
(6)
A director shall hold office until a successor has been elected or appointed,
has qualified and has taken the oath of office or until the office becomes
vacant under subsection (7) of this section. Any vacancy occurring in the
office of director shall be filled as provided by subsection (8) of this
section.
(7)
A director position becomes vacant under the following circumstances:
(a)
The department, upon the written recommendation of a majority of the members of
the local governing body of a district, may declare vacant the position of a
director who is absent from three consecutive meetings of the local governing
body of the district. A position becomes vacant under this subsection upon the
issuance of the declaration by the department.
(b)
No nominee for the position qualifies under ORS 568.530 to have the name of the
nominee furnished to the county clerk for placement on the general district
election ballot and no person qualifies under ORS 568.530 to have write-in
votes counted. A position becomes vacant under this paragraph on January 1.
(c)
The department determines that a candidate receiving the most votes at an
election does not qualify under this section to hold the position. A position
becomes vacant under this paragraph on January 1 next following the election at
which the unqualified candidate was elected unless an appointee to the position
has been selected under subsection (8) of this section.
(d)
A director serving in a position no longer qualifies under this section to hold
the position. A position becomes vacant under this paragraph upon the
department’s declaration that the person no longer qualifies for the position.
(e)
A director resigns from a position. A position becomes vacant under this
paragraph upon the department’s receiving notice of the resignation.
(f)
A candidate who received the most votes at an election, or an appointee,
refuses to take the oath of office as a director.
(8)
A director position that becomes vacant before the scheduled expiration of a
term shall be filled by appointment by a majority of the remaining directors.
However, if a majority of the director positions are vacant or if the remaining
directors cannot agree on an appointee, the department shall make an
appointment to fill the position.
(9)
An appointment under subsection (8) of this section shall end on January 1 next
following the first general district election held after the appointment. If
the appointment ends under this subsection before the January 1 that would
normally complete the four-year term of office for the position, the position
shall be placed on the ballot at the next general election as provided under
ORS 568.530 to fill the position for the remainder of the four-year term. [Amended
by 1955 c.142 §17; 1957 c.603 §5; 1961 c.641 §2; 1965 c.75 §1; 1969 c.393 §2;
1969 c.669 §§16, 19; 1973 c.656 §14; 1981 c.92 §32; 1993 c.166 §2; 2007 c.690 §5;
2009 c.220 §28]
568.565 Procedures for changing number of
directors. (1) Upon the written recommendation of
the local governing body of a district having seven directors, the number of
directors of such governing body may be reduced from seven to five by holding a
meeting of the governing body at which the directors elect five persons from
among their number to serve as directors of the district. The term of office of
the directors elected pursuant to this section shall be as provided in ORS
568.560 (5)(c).
(2)
Upon the written recommendation and majority vote of the local governing body
of a district having five directors, the number of directors for the district
may be increased to seven. Notwithstanding any unexpired term of office to
which a member may have been elected, all five zone positions shall be placed
on the ballot at the next following general election. The department shall
determine the terms of office for the positions as provided in ORS 568.560
(5)(d). Any vacancy that occurs in a zone position shall be filled as provided
under ORS 568.560. [1969 c.393 §4; 2007 c.690 §6; 2009 c.220 §29]
568.570 Majority constitutes a quorum.
A majority of the directors constitutes a quorum. The concurrence of a majority
in any matter within their duties is required for its determination. [Amended
by 1971 c.403 §14]
568.580 Annual meeting.
Each year after the creation of the first board of directors at a time fixed by
resolution of the board, the board, by giving due notice, shall call an annual
meeting of the landowners in the district and present an annual report and
audit.
568.590 Notice of annual meeting.
No later than 15 days prior to the annual meeting, the board of directors for a
soil and water conservation district shall cause notices to be published in a
paper of general circulation in the area, setting forth the time and place of
holding the meeting. [Amended by 1961 c.641 §3; 1973 c.656 §15; 2009 c.220 §30]
568.600 Legal counsel; delegation of
powers; assistance to department. (1) The
directors may call upon the Attorney General for such legal services as they
may require, or may employ their own counsel.
(2)
The directors may delegate to their chairperson or to one or more directors
such powers and duties as they deem proper.
(3)
The directors shall make available to the State Department of Agriculture all
records and information pertaining to the district and shall assist the
department in carrying out its recommendations. [Amended by 1981 c.92 §33]
568.610 Records; audits.
The board of directors for a soil and water conservation district shall:
(1)
Provide for the keeping of a full and accurate record of all proceedings and of
all resolutions, regulations, and orders issued or adopted.
(2)
Provide for an annual audit of the accounts of receipts and disbursements in accordance
with ORS 297.210, 297.230 and 297.405 to 297.555. [Amended by 1969 c.345 §18;
2009 c.220 §31]
568.620 Consultation with county or
municipal representatives. The directors shall invite the
legislative body of any municipality or county located near the territory
comprised within the district to designate a representative to advise and
consult with the directors of the district on all questions of program and
policy which may affect the property, water supply or other interest of such
municipality or county.
568.630
[Amended by 1959 c.48 §1; 1981 c.92 §34; repealed by 2009 c.220 §34]
568.640
[Amended by 1959 c.48 §2; 1973 c.656 §16; 1983 c.83 §106c; 1983 c.238 §3;
repealed by 2009 c.220 §34]
568.650
[Amended by 1959 c.48 §3; 1973 c.656 §17; repealed by 2009 c.220 §34]
568.660
[Amended by 1959 c.48 §4; 1973 c.656 §18; 1981 c.92 §35; repealed by 2009 c.220
§34]
568.670
[Amended by 1959 c.48 §5; repealed by 2009 c.220 §34]
568.680
[Amended by 1981 c.92 §36; repealed by 2009 c.220 §34]
568.690
[Amended by 1959 c.48 §6; repealed by 2009 c.220 §34]
568.700
[Repealed by 2009 c.220 §34]
568.710
[Repealed by 2009 c.220 §34]
568.720
[Amended by 1981 c.897 §66; repealed by 2009 c.220 §34]
568.730 Officials may enter private lands.
The directors or designated representatives of a soil and water conservation
district have authority to go upon any lands within the district after
notifying the owner or operator for the purpose of making surveys and carrying
out the responsibilities with which the directors or representatives are vested
by law. The directors or representatives shall take due precaution at all times
to prevent injury to growing crops or livestock. [Amended by 2009 c.220 §32]
568.740
[Amended by 1961 c.236 §2; 1981 c.92 §37; repealed by 2009 c.220 §34]
568.750
[Amended by 1981 c.92 §38; repealed by 2009 c.220 §34]
568.760
[Repealed by 2009 c.220 §34]
568.770
[Amended by 1959 c.48 §7; 1981 c.92 §39; repealed by 2009 c.220 §34]
568.780 Certain public agencies to be
deemed owners. Agencies of this state which have
jurisdiction over, or are charged with the administration of any state owned
lands, and of any county, or other governmental subdivision of the state, which
have jurisdiction over, or are charged with the administration of any county
owned or other publicly owned lands, lying within the boundaries of any
district organized under ORS 568.210 to 568.808 and 568.900 to 568.933 are
deemed owners within the meaning of ORS 568.210 to 568.808 and 568.900 to
568.933 and have the same rights and duties as other landowners under the
provisions of ORS 568.210 to 568.808 and 568.900 to 568.933.
568.790 County funds for personnel and
other uses. (1) In any county where one or more
soil and water conservation districts have been established as provided by ORS
568.210 to 568.808 and 568.900 to 568.933, the county court of such county may
provide and appropriate funds for the use of such district or districts for the
employment of necessary personnel including the employment of one county
extension agent or for other expenditures required to carry out the provisions
of ORS 568.210 to 568.808 and 568.900 to 568.933.
(2)
Such funds may be provided either by special provision in the annual tax levy
of such county or by appropriation of funds not otherwise appropriated. [Amended
by 1961 c.641 §4; 1983 c.327 §9; 2009 c.220 §33]
568.800 [1965
c.27 §§2,3,4; repealed by 1977 c.146 §2]
568.801 Stream control and management
projects; application; designation and implementation; rules.
(1) Any district that desires to implement a stream bank erosion control or
stream corridor management project shall make application therefor to the State
Department of Agriculture. The application shall be in such form and shall
contain such information as the department may prescribe.
(2)
By utilizing existing inventories and reports, the department shall designate
projects to be implemented on critically eroding stream systems of this state.
(3)
The department shall utilize the resources and cooperation of other state and
federal agencies to the greatest extent practicable in implementing stream bank
erosion control and stream corridor management projects.
(4)
In accordance with any applicable provision of ORS chapter 183, the department,
by rule, shall adopt procedures to carry out the provisions of subsections (1)
to (3) of this section. [1981 c.202 §§2,3; 1983 c.740 §220]
568.803 General obligation bonds; refunding
bonds; special taxes. (1) When authorized by a
majority of electors voting at an election called for that purpose by the
directors of a soil and water conservation district, the directors may issue
general obligation bonds of the district, not exceeding in value the amount
stated in the notice of election and for the purpose named in the notice as
provided in ORS chapter 287A.
(2)
The aggregate amount of general obligation bonds issued and outstanding at any
one time may not exceed two and one-half percent of the real market value of
all taxable property of the district, computed in accordance with ORS 308.207.
(3)
General obligation bonds must recite that they are issued under ORS 568.210 to
568.808.
(4)
A soil and water conservation district:
(a)
Shall issue general obligation bonds authorized under this section as provided
in ORS chapter 287A; and
(b)
May issue refunding bonds as provided in ORS chapter 287A.
(5)
Taxes that are levied by a soil and water conservation district to pay
principal, interest and premium, if any, on general obligation bonds issued
pursuant to this section are separate from and in addition to taxes levied
pursuant to ORS 568.806. [2005 c.282 §3; 2007 c.783 §222]
568.805 Special assessments; improvement
bonds; objections by landowners. (1) A
district may finance the exercise of any district power or function authorized
under this chapter by levying special assessments against property directly
benefited thereby and by issuing special assessment improvement bonds. As
security for the bonds, the district may pledge all or any part of the revenue
from special assessments levied against property directly benefited. The rights
and duties accorded a city and the owners of property in a city under ORS
223.389 and 223.391 for levying special assessments and issuing special
assessment improvement bonds shall apply in the same manner to a district and
the owners of property in the district for purposes of levying assessments and
issuing special assessment improvement bonds under this section.
(2)
In addition to other requirements of ORS 223.389 and 223.391, the directors of
a district shall fix a date by which written objections to the amount of
proposed assessments levied under this section may be filed with the district.
The date so fixed shall be not less than 50 days after notice of the proposed
assessment is mailed or delivered to the owner of each lot or parcel of
property to be assessed. If written objections to the proposed assessments are
filed by that date by at least 50 percent of the owners of property to be
assessed who are also liable for at least 60 percent of the total amount of
assessments, the directors of the district shall terminate the proposed project
and assessments.
(3)
Except as provided in this section, a district may not issue bonds or make
assessments. [1985 c.637 §2; 1991 c.902 §115; 2003 c.802 §147]
(Tax Levying Authority)
568.806 Ad valorem tax; budget;
collection. (1) When authorized to become a taxing
district by the eligible electors of the district as provided in ORS 568.807, a
district may assess, levy and collect an ad valorem tax each year on the real
market value of all taxable property within the limits of the district. The
proceeds of the tax shall be applied in carrying out the purposes of ORS
568.210 to 568.808 and 568.900 to 568.933.
(2)
In any year in which the ad valorem tax provided for in subsection (1) of this
section is levied, the directors of the district shall prepare a budget in the
form, manner and time prescribed in ORS 294.305 to 294.520 (the Local Budget
Law), and in accordance therewith shall fix the amount of money to be raised by
taxation for the district.
(3)
Any taxes levied in any year shall be returned to the county officer, whose
duty it is to extend the tax roll in the manner provided in ORS 310.060.
(4)
All taxes levied by a district shall become payable at the same time and be
collected by the same officer who collects county taxes, and shall be turned
over to the district according to law. The county officer whose duty it is to
extend the county levy shall extend the levy of the district in the same manner
as city taxes are extended.
(5)
Property shall be subject to sale for nonpayment of taxes levied by a district
in like manner and with like effect as in the case of county and state taxes. [1981
c.918 §2; 1991 c.459 §446]
568.807 Electors authorizing taxation;
election date. (1) The eligible electors of a district
may, by approving a proposition referred to them by the governing body of the
district, authorize the district to become a taxing district with the power to
thereafter assess, levy and collect an ad valorem tax each year on the real
market value of all taxable property within the limits of the district.
(2)
Approval of a proposition authorizing the district to become a taxing district
need only be obtained once by a district in order for the district to have the
taxing power granted by ORS 568.806.
(3)
An election called by the district for the purpose of obtaining approval to
become a taxing district shall be held on one of the dates set forth in ORS
255.345. [1981 c.918 §3; 1991 c.459 §447]
568.808 Taxing district to file legal
description and map. When a district is authorized to
become a taxing district as provided in ORS 568.807, the governing body of the
district shall file a legal description and accurate map of the district with
the Department of Revenue and the county assessor. The description and map
shall satisfy the requirements of ORS 308.225, and that section shall
thereafter apply to the district. [1981 c.918 §4]
WIND EROSION CONTROL
568.810 Purpose of ORS 568.810 to 568.890;
types of wind erosion. (1) The purpose of ORS 568.810
to 568.890 is to effectuate the control of wind erosion by forming districts in
which all land owners affected shall carry out wind erosion control measures
whenever serious wind erosion conditions prevail.
(2)
Two types of wind erosion conditions shall be recognized:
(a)
The actual movement of soil by wind to such a degree that the topsoil is being
noticeably destroyed.
(b)
Conditions which will result in a noticeable movement of the topsoil by wind
action.
568.820 Designation of areas by county
court upon petition; description of boundaries.
(1) The county court of any county east of the summit of the Cascade Mountains
may designate areas as wind erosion districts when presented with a duly certified
petition adequately describing the boundaries or area included in such
districts and when the petition bears the signatures of two-thirds of the
landowners or qualified representatives in the described district. Five such
signatures shall be a minimum requirement.
(2)
Boundaries described by metes and bounds or areas described by quarter sections
shall be deemed adequately described.
568.830 Publication and posting of notices
describing districts; when regulations are enforced.
(1) The county court shall within 10 days after declaring a wind erosion
district cause to be published an official notice adequately describing the
district.
(2)
Each notice shall be posted in a prominent place in the county courthouse and
shall be published in one or more newspapers serving the district, for two
consecutive issues if weekly or two times at an interval of one week if daily
or semiweekly.
(3)
Ten days after the last publication of the official notice the provisions of
ORS 568.810 to 568.890 shall be enforced as set forth in ORS 568.840 to
568.890.
568.840 Election of advisory board; meetings;
members; functions. (1) Within 30 days after a wind
erosion district has been designated by the county court the court shall cause
to be posted in three public places in such wind erosion district a written or
printed notice notifying the farm operators thereof to assemble at some
designated convenient place on the 10th day after the date of notice at 10 a.m.
for the purpose of electing four directors who shall be known as the advisory
board, to serve until their successors are duly elected or appointed. Two
members of the initial board shall be elected to serve for one year and two
shall be elected to serve for two years. Vacancies in the advisory board shall
be filled by appointment by the board.
(2)
As soon as 20 percent or more of the farm operators of the district have
assembled pursuant to such notice they shall constitute a quorum to do
business. Such meeting shall organize by the election of a chairperson and secretary
of the meeting and then may proceed to elect four members of the advisory
board. In either January or February in each year following the initial
meeting, the chairperson of the advisory board shall call an annual meeting of
the farm operators of the wind erosion district. At least five days before the
meeting, notice of the meeting shall be given by posting in three public places
in the wind erosion district a written or printed notice notifying the farm
operators thereof to assemble at some designated convenient place at the
appointed time for the annual meeting. At the meeting two members of the
advisory board to serve for two years shall be elected. All members of the
advisory board shall be farm operators of the district in which they are elected.
(3)
Within 10 days after the initial or yearly election, the advisory board shall
meet and elect a chairperson and secretary from their members who shall serve
until the next election. All other meetings of the advisory board shall be held
as the need arises, at the call of the chairperson. Three members constitute a
quorum.
(4)
The functions of the advisory board are:
(a)
To recommend to the county court a person or persons for the position of wind
erosion inspector.
(b)
To consult and advise with the inspector as to the most feasible methods of
effectuating wind erosion control in the district.
(c)
To act as a board of appeal when disputes arise between the wind erosion
inspector and the owner or occupant of land within the district, concerning
action relating to the enforcement of ORS 568.810 to 568.890. [Amended by 1959
c.278 §1]
568.850 Wind erosion inspector;
appointment; duties; appeal from decision; compensation; expenses.
(1) The county court, upon the recommendation of the advisory board, shall
appoint an inspector who shall, within the wind erosion district or districts
under the supervision of the inspector:
(a)
Determine when serious wind erosion conditions prevail.
(b)
Serve notices on landowners or occupants to effectively control wind erosion on
their lands or correct conditions which may allow wind erosion to occur.
(c)
When necessary, control or supervise control of wind erosion or conditions
which may allow wind erosion to occur on lands where the owners or occupants
thereof fail or refuse to do so.
(2)
The inspector shall be the sole judge of whether serious wind erosion
conditions do or do not prevail, except that appeal from the decisions of the
inspector may be made to the advisory board as provided in ORS 568.840. In case
of appeal to the advisory board, the inspector shall abide by a majority
decision of the advisory board.
(3)
The persons appointed wind erosion inspectors by the county court may receive
for services reasonable wages, as determined by the county court, for the time
actually employed in the performance of duty under the provisions of ORS
568.810 to 568.890 and may be reimbursed for actual expenses incurred in
carrying out those provisions. All wages and expenses paid wind erosion
inspectors shall be paid by the county court from funds set aside for this
purpose, as provided in ORS 568.880.
568.860 Inspector may enter lands in
district; service of notice on owner or occupant.
(1) The wind erosion inspector shall have access to all lands within the
district or districts under the supervision of the inspector. If in the
judgment of the inspector wind erosion is occurring or is likely to occur
because proper control measures are not being practiced, the inspector shall
serve a written notice to any such owner or occupant of such land, or where
unable to serve such notice personally, shall post the same and two copies
thereof in three conspicuous places on the land where the provisions of ORS
568.810 to 568.890 are not being complied with, bearing date of service on
posting of same and a statement setting forth that work on the control of wind
erosion must be commenced within five days; except that when serious blowing is
actually occurring, four hours from the date of service is sufficient notice.
(2)
A copy of the notice or notices, each showing the period of grace allowed,
together with proof of service indorsed thereon, shall be filed with the county
court.
568.870 County court may authorize
inspector to control erosion; expenses of control.
(1) If the owner or occupant of the land fails or refuses to control wind
erosion in accordance with ORS 568.810 to 568.890, the wind erosion inspector
shall at once notify the county court, and the county court shall authorize the
wind erosion inspector or such assistants as the inspector may employ to go
upon the land and control the wind erosion, using the most effective and
practical methods which will operate with the least injury to the land or the
crops thereon.
(2)
Verbal authorization by telephone from one or more members of the county court
is sufficient authority for commencing wind erosion control work when actual
wind erosion is occurring and when an official four-hour notice, as provided in
ORS 568.860 has been served on the owner or occupant of the land.
(3)
Upon completion of the work the wind erosion inspector shall file with the
county clerk an itemized statement of the expenses necessarily incurred in the
control of the wind erosion, including the inspector’s own wage, if any,
verified by the oath of the inspector. When the statement is filed, the county
clerk shall cause the same to be entered upon a lien docket prepared for that
purpose.
(4)
If such charges and expenses are not paid to the county clerk and the lien
discharged by the owner or occupant of the lands within 90 days from the date
the lien is docketed, the county clerk shall certify the same to the tax
collector of the county, who shall extend the amount thereof upon the current
tax roll, and when so extended the same shall constitute a valid lien against
the premises and shall be collected by the tax collector in the same manner as
taxes are collected.
(5)
If within 10 days from the date of filing and docketing the lien no objections
have been filed thereto, the county court shall pay the amount thereof out of
the general fund of the county to the claimants.
568.880 Tax levy for wind erosion control.
The county courts of the several counties may levy a tax and create a fund for
the control of wind erosion on county land within the wind erosion districts
and for expenses of erosion control which cannot fairly be charged to the
individual landowners. The amount estimated by the county court as being
sufficient for such purposes may be placed in the county budget; and after
consideration at the meeting held for the purpose of passing upon the tax levy
of the electors of the county, may become one of the items for which
expenditure may be made during the ensuing year.
568.890 District may be dissolved;
disposition of district funds; change of district boundaries.
(1) Any wind erosion district may be enlarged, contracted or dissolved by the
county court when a petition is filed bearing the signatures of two-thirds of
the landowners of the district and stating the changes in the district
boundaries that are desired.
(2)
All such changes shall be described as provided in ORS 568.820. Any moneys
remaining in any fund for the control of wind erosion shall, after the
dissolution of all such districts in the county, be credited to the general
fund of the county.
AGRICULTURAL WATER QUALITY MANAGEMENT
568.900 Definitions for ORS 568.900 to
568.933. As used in ORS 568.900 to 568.933:
(1)
“Board” means the State Board of Agriculture.
(2)
“Operator” means any person, including a landowner or land occupier engaged in
any commercial activity relating to the growing or harvesting of agricultural
crops or the production of agricultural commodities.
(3)
“Water” or “the waters of the state” has the meaning given in ORS 468B.005.
(4)
“Water pollution” has the meaning given in ORS 468B.005.
(5)
“Water quality management plan” or “plan” means a plan developed under ORS
568.909. [1993 c.263 §2; 1997 c.249 §184; 2009 c.11 §78]
568.903 “Landowner” defined.
Notwithstanding the definition given in ORS 568.210, as used in ORS 568.909 to
568.933 “landowner” includes any landowner, land occupier or operator. [1993
c.263 §4]
568.906 Plan implementation to involve
local agencies. It is the intention of the
Legislative Assembly that plans developed under ORS 568.900 to 568.933 involve
soil and water conservation districts as local management agencies to the
fullest extent practical, consistent with the timely and effective
implementation of these plans. [1993 c.263 §10]
568.909 Boundaries for land subject to
water quality plans; implementation of plan and rules.
(1) The State Department of Agriculture may describe the boundaries of
agricultural and rural lands that are subject to a water quality management
plan:
(a)
Due to a determination by the Environmental Quality Commission to establish a
Total Maximum Daily Load for a body of water under the Federal Water Pollution
Control Act (33 U.S.C. 1313);
(b)
Due to a declaration of a ground water management area under ORS 468B.180; or
(c)
When an agricultural water quality management plan is otherwise specifically
required by state or federal law.
(2)
For an area whose boundaries have been designated under this section, the
department shall develop and carry out a water quality management plan for the
prevention and control of water pollution from agricultural activities and soil
erosion. The department shall base the plan and rules adopted to implement the
plan upon scientific information. [1993 c.263 §3; 2001 c.594 §1]
568.912 Management plan rules; required
actions under rules; prohibiting specific practices; landowner appeals.
(1) The State Department of Agriculture in consultation with the State Board of
Agriculture may adopt rules necessary to implement a water quality management
plan initiated under ORS 568.909. The rules adopted under this subsection shall
constitute the only enforceable aspects of a water quality management plan.
(2)
Pursuant to rules adopted under subsection (1) of this section, the department
may require any landowner whose land is located within an area subject to a
water quality management plan to perform those actions on the landowner’s land
necessary to prevent and control water pollution from agricultural activities
and soil erosion. Such actions may include:
(a)
Construction or maintenance of any works or facilities;
(b)
Agricultural and cropping practices; or
(c)
Any other measure or avoidance necessary for the prevention or control of water
pollution of the waters of the state.
(3)
No specific practice may be prohibited under this section unless the department
has a scientific basis for concluding that the practice is a factor in causing
water quality standards to be exceeded.
(4)
A landowner subject to the rules adopted to implement a plan may appeal
specific actions required of that landowner by the department to carry out a
plan. The department shall establish by rule a procedure and criteria for the
appeal process. [1993 c.263 §5; 2001 c.442 §1; 2001 c.594 §2]
568.915 Entry upon land; purpose;
consultation with Department of Justice; notice to landowners.
(1) After making a reasonable attempt to notify the landowner, the State
Department of Agriculture or a designee of the department may enter any lands
within the area subject to a water quality management plan for the purpose of
determining:
(a)
Those actions that may be required of landowners under ORS 568.900 to 568.933
or rules adopted under ORS 568.912; and
(b)
Whether the landowner is carrying out the required actions.
(2)
The State Department of Agriculture, or a designee of the State Department of
Agriculture, shall periodically, and in no event less than once biennially,
consult with the Department of Justice to ensure that the actions of the State
Department of Agriculture taken under this section are consistent with section
9, Article I of the Oregon Constitution, and the Fourth Amendment to the United
States Constitution.
(3)
Prior to general initiation of inspections in an agricultural water quality
management area for compliance with rules adopted under ORS 568.912, the
department shall implement a process to notify the affected landowners within
the boundaries of the area of any requirements that may by rule apply to
landowners in the area. [1993 c.263 §6; 1997 c.657 §1; 2001 c.442 §2; 2001
c.594 §3]
568.918 Notice to landowner of failure to
perform requirements. Upon finding that a landowner in
an area subject to a water quality management plan has failed to perform
actions required by the rules adopted under ORS 568.912, the State Department
of Agriculture shall notify the landowner and direct the landowner to perform
the work or take any other actions necessary to bring the condition of the
subject lands into compliance with the rules within a reasonable period of
time. In all cases, the legal owner of the property shall also be notified,
prior to the assessment of any civil penalty. [1993 c.263 §7; 2001 c.594 §4]
568.921 Fees from landowners.
The State Department of Agriculture, in consultation with the State Board of
Agriculture, may establish and collect fees from landowners subject to a water
quality management plan adopted under ORS 568.909. The fees shall not exceed
the total cost of developing and carrying out the plan and shall not exceed
$200 annually per landowner. Fees established by the department under this
section are subject to the requirements of ORS 291.055. Any fees received by
the department pursuant to this section shall be deposited in the State
Treasury to the credit of the Department of Agriculture Service Fund. Such
moneys are continuously appropriated to the department for the purpose of
implementing ORS 568.900 to 568.933. [1993 c.263 §9; 2001 c.442 §6; 2001 c.594 §5]
568.924 Interagency agreements.
The State Department of Agriculture may enter into agreements with any agency
of this state, including but not limited to a soil and water conservation
district, or with any agency of the federal government, for the purposes of
carrying out the provisions of ORS 568.900 to 568.933 including the development
of a plan. [1993 c.263 §11]
568.927 Law inapplicable to certain forest
practices. The provisions of ORS 568.900 to
568.933 shall not apply to any forest practice conducted on forestland as
defined in ORS 527.620. [1993 c.263 §12]
568.930 Agricultural activities subject to
plan requirements; consultation with Environmental Quality Commission; review
and revision of plans. (1) Landowners shall conduct all
agricultural activities on agricultural lands within the boundaries of an area
subject to a water quality management plan in full compliance with the rules
implementing the plan and with all the rules and standards of the Environmental
Quality Commission relating to water pollution control. In addition to any
other remedy provided by law, any violation of those rules or standards shall
be subject to all remedies and sanctions available to the Department of
Environmental Quality or the Environmental Quality Commission.
(2)
The State Department of Agriculture and the State Board of Agriculture shall
consult with the Department of Environmental Quality or the Environmental
Quality Commission in the adoption and review of water quality management plans
and in the adoption of rules to implement the plans.
(3)(a)
The Environmental Quality Commission may petition the State Department of
Agriculture for a review of part or all of any water quality management plan
and rules implementing the plan. The petition must allege with reasonable
specificity that the plan or the rules are not adequate to achieve compliance
with applicable state and federal water quality standards.
(b)
The State Department of Agriculture, in consultation with the State Board of
Agriculture, shall complete its review of a petition submitted under paragraph
(a) of this subsection within 90 days of the date of the filing of the petition
for review. The State Department of Agriculture may not terminate the review
without the concurrence of the Environmental Quality Commission unless the
department initiates revisions to the rules implementing the water quality
management plan that address the issues raised by the Environmental Quality
Commission. If the State Department of Agriculture adopts any revisions in
response to a petition by the Environmental Quality Commission, the department
shall adopt the revisions not later than two years from the date the
Environmental Quality Commission submits the petition, unless the department,
with the concurrence of the Environmental Quality Commission, finds that
special circumstances require additional time.
(4)
A water quality management plan and rules implementing the plan that pertain to
a ground water management area shall be subject to the coordination
requirements of ORS 468B.162. [1993 c.263 §13; 1999 c.59 §179; 2001 c.594 §6]
568.933 Civil penalties; availability;
reductions. (1) In addition to any other liability
or penalty provided by law, the State Department of Agriculture may impose a
civil penalty on a landowner of lands within an agricultural or rural area
subject to a water quality management plan for failure to comply with rules implementing
the plan.
(2)
The department may not impose a civil penalty on a landowner for a first
violation under this section unless the department:
(a)
Has notified the landowner of the violation in a writing that describes, with
reasonable specificity, the factual basis for the department’s determination
that a violation has occurred; and
(b)
Has prescribed a reasonable time for the landowner to correct the violation
that may not exceed 30 days after the first notice of a violation, unless the
violation requires more than 30 days to correct, in which case the department
shall specify a reasonable period of time to correct the violation in a plan of
correction issued to the landowner.
(3)
A civil penalty imposed under this section may not exceed:
(a)
$2,500 for a first violation; or
(b)
$10,000 for a second or subsequent violation.
(4)
For purposes of this section, each day of a violation continuing after any
period of time of correction set by the department is a separate violation
unless the department finds that a different period of time is more appropriate
to describe a specific violation event.
(5)
The landowner to whom a notice of violation or a notice of civil penalty is
addressed shall have 30 days from the date of receipt of the notice in which to
make written application for a hearing before the department.
(6)
In imposing a penalty under this section, the department shall consider the
following factors:
(a)
The past history of the landowner incurring a penalty in taking all feasible
steps or procedures necessary or appropriate to correct a violation.
(b)
Any prior violations of rules, regulations or statutes pertaining to a water
quality management plan.
(c)
The gravity and magnitude of the violation.
(d)
Whether the violation was repeated or continuous.
(e)
Whether the cause of the violation was an unavoidable accident, negligence or
an intentional act.
(f)
The violator’s efforts to correct the violation.
(g)
The immediacy and extent to which the violation threatens the public health or
safety.
(7)
A notice of violation or period to comply shall not be required under
subsection (2) of this section if:
(a)
The violation is intentional; or
(b)
The landowner has received a previous notice of the same or similar violation.
(8)
The department shall deposit any civil penalty recovered under this section
into a special subaccount in the Department of Agriculture Service Fund. Moneys
in the subaccount are continuously appropriated to the department to be used
for educational programs on water quality management and to provide funding for
water quality management demonstration projects.
(9)
The State Department of Agriculture shall reduce the amount of any civil
penalty imposed under this section by the amount of any civil penalty imposed by
the Environmental Quality Commission or the Department of Environmental Quality
for violations of water quality rules or standards, if the latter penalty is
imposed on the same person and is based on the same violation. [1993 c.263 §8;
2001 c.442 §4; 2001 c.594 §7]
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