Oregon Revised Statutes

Or. Rev. Stat. § 509.140 (2026)

Placing explosives or harmful substances in waters in course of lawful work; permit

✓ current as of May 2026

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509.140 Placing explosives or harmful substances in waters in course of lawful work; permit. (1) Whenever in the course of removing any obstruction in any waters of this state, or in constructing any foundations for dams, bridges or other structures, or in carrying on any trade or business, any person, municipal corporation, political subdivision or governmental agency desires to use explosives or any substances deleterious to fish, such person, municipal corporation, political subdivision or governmental agency shall make application to the State Fish and Wildlife Commission for a permit to use the explosives or substances in such waters.

(2) If the commission finds it necessary that the explosives or substances be used, it may make an order granting such person, municipal corporation, political subdivision or governmental agency the right to use the explosives or substances and shall:

(a) Designate the places and period within which the explosives or substances may be used; and

(b) Prescribe such precautions as will save fish from injury.

(3) It is unlawful to disregard such order or fail to obtain such order or permit before using explosives or substances deleterious to fish. [Amended by 1963 c.112 §2; 1965 c.570 §113]

509.145 [Repealed by 1965 c.570 §152]

Notes of Decisions

Cited in 2 cases, 1983–1984 · leading case: Oregon Shores Conservation Coalition v. Oregon Fish & Wildlife Comm'n, 662 P.2d 356 (Or. Ct. App. 1983).

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Oregon Shores Conservation Coalition v. Oregon Fish & Wildlife Comm'n, 662 P.2d 356 (Or. Ct. App. 1983). · cites it 13× “ORS 509.140. Petitioners contend: (1) the Commission failed to comply with the Special Local Needs Registration and Labeling requirements for the use of Sevin; (2) the order violates ORS 509.”

Audubon Soc'y of Portland v. Oregon Dep't of Fish & Wildlife, 681 P.2d 135 (Or. Ct. App. 1984). “ORS 509.140. That authority is affected by the Statewide Planning Goals.”

— Or. Rev. Stat. § 509.140(2) — 1 case

Oregon Shores Conservation Coalition v. Oregon Fish & Wildlife Comm'n, 662 P.2d 356 (Or. Ct. App. 1983). “ORS 509.140. Petitioners contend: (1) the Commission failed to comply with the Special Local Needs Registration and Labeling requirements for the use of Sevin; (2) the order violates ORS 509.”

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