Current through Register Vol. 63, No. 9, September 1, 2024
(1) Application Procedures. Applications for
a State Scenic Waterway Emergency Removal-Fill Permit may be made verbally
(e.g., by phone), or by written application, including facsimile, by the
following procedures:
(a) Applicants must
provide the Department the following information:
(A) Location of emergency;
(B) A description of the emergency;
(C) The proposed action to be taken;
and
(D) The potential consequences
of taking no action.
(b)
Within five calendar days of receiving a verbal confirmation of an emergency
permit for removal-fill activities, the applicant must submit to the Department
a written emergency permit application and applicable fees, in accord with the
procedures herein.
(2)
Review Standards. The Director may issue State Scenic Waterway Emergency
Removal-Fill Permits only after determination that:
(a) Natural or human-caused situation exist
which cause the emergency circumstance, such as, but not limited to, flooding,
landslides, wildfire, and hazardous substance spills; and
(b) It is necessary to make repairs or take
action to prevent irreparable harm, injury, or damage to persons or
property.
(3) Review
Procedures. The Director may conduct the review of State Scenic Waterway
Emergency Removal-Fill Permit applications by:
(a) Consulting with ODFW and OPRD before
issuing a temporary Emergency Removal-Fill Permit as provided by ORS
390.835(3)(a)
and DEQ and WRD ,if applicable. Consultation may be achieved by Memorandum of
Agreement with the applicable agencies or on a case-by-case permit
review;
(b) Completing an
investigation sufficient to develop a rational basis for a decision consistent
with the requirements of the Issuance Standards;
(c) Consulting with any applicable tribes or
federal land managers and regulators, as allowed by circumstances and time
constraints, and by reasonable consideration to those agencies' recommendations
for temporary permit conditions; and
(d) Assuring compatibility of the project, to
the extent practical, with the affected local government(s) comprehensive plan
and land use regulations.
(4) Permit Decisions:
(a) The Director may issue a State Scenic
Emergency Removal-Fill Permit, only if all the review standards for emergency
waterway permits are met. Emergency permit issuance by the Director may be made
by written confirmation to the applicant, verbally (to be followed by written
confirmation), or through procedures established in Memoranda of Agreement with
other agencies (e.g., through the Oregon Emergency Response System);
(b) The Department staff may visit the site
of the emergency permitted activity as soon as practicable following permit
issuance; and
(c) Following the
issuance of an emergency permit, the Department may review the emergency permit
and determine if any further action is necessary to modify the permit
conditions after the emergency has passed.
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
