196.815
Application for permit; rules; fees; disposition of fees. (1) A person who is required to
have a permit to remove material from the bed or banks or fill any waters of
this state shall file a written application with the Director of the Department
of State Lands and pay a fee established by the director by rule under ORS
196.806 for each individual project before performing any removal or fill.
(2) The
Department of State Lands may waive the fees established by rule under ORS
196.806 for a permit that will be used to perform a voluntary habitat
restoration project.
(3) A person who
receives an emergency authorization under ORS 196.810 to remove material from
the beds or banks of any waters of this state or to fill any waters of this
state shall, within 45 days after receiving the authorization, submit a fee to
the department calculated in the manner provided by rules adopted by the
director under ORS 196.806 for removal or fill permit applications.
(4) The director
may, before granting a renewal of a removal or fill permit, require the
permittee to show that the continued exercise of the permit is consistent with
the protection, conservation and best use of the water resources of this state.
(5) Fees received
under this section shall be credited to the Common School Fund for use by the
department in administration of ORS 196.600 to 196.921. [Formerly 541.620 and
then 196.685; 2007 c.849 §1; 2009 c.342 §1; 2009 c.882 §2; 2015 c.386 §12; 2019
c.57 §9; 2023 c.403 §5]
Notes of Decisions
Waterkeeper v. Port of Coos Bay Or., 423 P.3d 60 (Or. 2018).
· cites it 4× “" ORS 196.815. 1 ORS 196.825 sets out the procedures for applying for a permit and the department's **359 processing of applications.”
Examilotis v. Dep't of State Lands, 244 P.3d 880 (Or. Ct. App. 2010).
· cites it 2× “That statute provided, in part: *527 “(1) The Director of the Department of State Lands shall issue a permit to remove material from the beds or banks of any waters of this state applied for under ORS 196.815 if the director determines that the removal described in the…”
Examilotis v. Dept. of State Lands, 244 P.3d 880 (Or. Ct. App. 2010).
· cites it 2× “That statute provided, in part: "(1) The Director of the Department of State Lands shall issue a permit to remove material from the beds or banks of any waters of this state applied for under ORS 196.815 if the director determines that the removal described in the application…”
Coos Waterkeeper v. Port of Coos Bay Oregon, 395 P.3d 14 (Or. Ct. App. 2017).
· cites it 2× “” The provision goes on to list what that “necessary information” must include: “(A) A map showing the project site with sufficient accuracy to easily locate the removal or fill site; “(B) A project plan showing the project site and proposed alterations; “(C) The fee required…”
Citizens for Responsible Dev. in the Dalles v. Wal-Mart Stores, Inc., 433 P.3d 364 (Or. Ct. App. 2018).
“825 provides, in part: "(1) The Director of the Department of State Lands shall issue a permit applied for under ORS 196.815 if the director determines that the project described in the application: "(a) Is consistent with the protection, conservation and best use of the water…”
— Or. Rev. Stat. § 196.815(1) — 1 case
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