196.795
Streamlining process for administering state removal or fill permits;
application for state program general permit; periodic reports to legislative
committee. (1) The
Department of State Lands shall continue to pursue methods to streamline the
process for administering permits for the removal of material from the bed or
banks of any waters of this state or for filling the waters of this state,
reducing paperwork, eliminating duplication, increasing certainty and
timeliness and enhancing resource protection. The efforts of the Department of
State Lands shall include but need not be limited to applying to the United
States Army Corps of Engineers for a state program general permit as authorized
in federal regulations implementing section 404 of the Federal Water Pollution
Control Act, and section 10 of the Rivers and Harbors Act of 1899, as amended.
In conjunction with these activities, the Department of State Lands may
continue to investigate the possibility of assuming the federal regulatory
program under 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act.
(2) The
department shall report periodically to the appropriate legislative committee
on the progress in implementing subsection (1) of this section. [1995 c.474 §1;
1997 c.116 §1; 1999 c.59 §53; 2007 c.354 §2]
Note: 196.795 was enacted into law by
the Legislative Assembly but was not added to or made a part of ORS chapter 196
or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(Generally)
Notes of Decisions
Bridgeview Vineyards, Inc. v. Oregon State Land Bd., 309 P.3d 1103 (Or. Ct. App. 2013).
“1 In 1999, respondent Division of State Lands (DSL) denied petitioners’ request for emergency authorization to undertake erosion control measures on agricultural property pursuant to Oregon’s fill and removal law, ORS 196.795 to 196.990. In Claim 1, petitioners sought judicial…”
Owen v. Div. of State Lands, 76 P.3d 158 (Or. Ct. App. 2003).
“692 relate to activities conducted in wetlands, whereas ORS 196.795 to 196.990 relate to the removal of material from and filling of the waters of this state.”
Nw. Env't Def. Ctr. v. Env't Quality Comm'n, 223 P.3d 1071 (Or. Ct. App. 2009).
“See ORS 196.795(1) (“The Department of State Lands shall continue to pursue methods to streamline the process for administering permits for the removal of material from the bed or banks of any waters of this state or for filling the waters of this state, reducing paperwork,…”
Nedc v. Eqc, 223 P.3d 1071 (Or. Ct. App. 2009).
“See ORS 196.795(1) ("The Department of State Lands shall continue to pursue methods to streamline the process for administering permits for the removal of material from the bed or banks of any waters of this state or for filling the waters of this state, reducing paperwork,…”
— Or. Rev. Stat. § 196.795(1) — 2 cases
Nw. Env't Def. Ctr. v. Env't Quality Comm'n, 223 P.3d 1071 (Or. Ct. App. 2009).
“See ORS 196.795(1) (“The Department of State Lands shall continue to pursue methods to streamline the process for administering permits for the removal of material from the bed or banks of any waters of this state or for filling the waters of this state, reducing paperwork,…”
Nedc v. Eqc, 223 P.3d 1071 (Or. Ct. App. 2009).
“See ORS 196.795(1) ("The Department of State Lands shall continue to pursue methods to streamline the process for administering permits for the removal of material from the bed or banks of any waters of this state or for filling the waters of this state, reducing paperwork,…”
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