Current through Register Vol. 63, No. 9, September 1, 2024
(1) Application
Procedures. Applications for approval of all regulated removal-fill activities
in State Scenic Waterways must be submitted to the Department in writing, in
advance of the proposed activity, and must include all information needed to
evaluate the request. The application must be submitted on the Joint Permit
Application Form of the COE and the Department and must meet the standards for
completed applications in OAR 141-085.
(2) Fees. Fees must be submitted for a
complete application in accordance with the current fee schedule under OAR
141-085.
(3) Application Review
Procedures:
(a) Applications must be reviewed
within 30 calendar days from receipt and processed in a manner consistent with
OAR 141-085, the Department rules for individual removal and fill
permits;
(b) In reviewing an
application, the Department will conduct the necessary investigations to
develop a rational basis for a decision consistent with the requirements of the
policies of this rule; and
(c) The
Department may consult with any person, group or agency interested in or
affected by a permit decision.
(4) Public Review Process. All applications
for impact to State Scenic Waterways must be available for public comment for
30 calendar days.
(a) The Department will
provide application notice for comment to the Department of Fish and Wildlife,
Department of Environmental Quality, Department of Land Conservation and
Development, Department of Agriculture, Water Resources Department, Business
Development Department, State Parks and Recreation Department, State Historic
Preservation Office, Department of Geology and Mineral Industries, Department
of Transportation, Department of Forestry, and any other affected state and
federal agency and tribes. The Department will also provide application notice
to adjacent property owners listed on the application and interested persons
who request notice;
(b) In
accordance with the procedures in the State Agency Coordination Program, the
Department will provide application notice to the appropriate local government
planning department(s) for a determination of the proposed activity's
compatibility or non-compatibility with the affected city and county
comprehensive plan(s) and land use regulations. If it is necessary to adopt
findings of compliance with the statewide planning goals, the Department will
act in accordance with its State Agency Coordination Program; and
(c) Recommendations and comments regarding
the project must be submitted in writing to the Director within 30 calendar
days from the date the application is provided for comment. The Department will
give reasonable consideration to permit conditions or comments offered by any
person.
Stat. Auth.: ORS
196.600 -
196.692,
196.795 -
196.990,
390.805 -
390.925
Stats. Implemented: ORS
196.600 -
196.692,
196.795 -
196.990,
390.805 -
390.925
