Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Department
shall make a determination (PJD or JD) according to the procedures in this
section.
(2) The Department may
make a determination for a number of reasons, including but not limited to:
(a) A written request from any person (e.g.,
a landowner or their agent) requesting a determination for one or more tax lots
or any portion thereof;
(b) A
Wetland Land Use Notice from a local government as required by ORS
196.676;
(c) A site development notice from a local
government;
(d) A request from a
local government or other government entity acting in its capacity to conduct
site assessments for project or planning purposes;
(e) A removal-fill authorization application,
request for a pre-application meeting or a compliance investigation;
(f) A request to review and approve a wetland
delineation report (see additional requirements and procedures in OAR
141-090-0030, 141-090-0032 and 141-090-0035); or
(g) In conjunction with its authority and
responsibilities under ORS
196.600 to
196.962,
196.800 to
196.990, and any applicable
rules of the Department.
(3) The Department may prioritize the
completion of determinations based upon the availability of staff and budget
resources.
(4) A request to the
Department to provide a wetland determination apart from an authorization
application, wetland delineation report submittal, or local government notice
shall include:
(a) A written request on a
form provided by the Department;
(b) Landowner or agent permission to conduct
a site visit if an on-site determination is desired;
(c) Applicant name and contact
information;
(d) A site location
map, such as a city map, showing the location with respect to nearest streets
and site address, if any;
(e) A
detailed site plan showing, as appropriate, such features as the tax lot
boundaries, location of streets, roads, buildings, streams, and area of any
planned development or removal or fill, if known; and
(f) The legal location from the tax map
(Township, Range, Section, Quarter-Quarter Section and Tax Lot
numbers).
(5) A request
for a determination may include additional helpful information, such as:
(a) An appropriately-scaled topographic map
of the site;
(b) A large-scale
aerial photograph of the site; or
(c) Ground photographs of the site.
(6) A wetland determination
request as described in section (4) and (5) of this rule may not be used to
obtain agency review and approval of a wetland delineation.
(7) The Department will review the
information provided with the request along with other available maps and
information and provide a PJD or a JD.
(8) The Department may request additional
information and may conduct a site visit to ensure an accurate determination.
The Department shall contact the applicant or primary contact prior to
conducting a site visit.
(9) An
on-site determination conducted by the Department to make a JD or PJD shall
include at a minimum:
(a) A location map
showing the location of the study area with respect to major roads;
(b) A tax lot map showing property
boundaries;
(c) The legal location
from the tax map (Township, Range, Section, Quarter-Quarter Section and Tax Lot
numbers);
(d) The appropriate SWI
mapping with the site located;
(e)
The Natural Resources Conservation Service soil survey map with site located
and soil type(s) mapped;
(f) A
sketch map showing the approximate location of any waters of this state on the
tax lot(s) or within a defined study area;
(g) At least one data form documenting any
wetlands identified or possible wetlands determined not to meet wetland
criteria; and
(h) Conclusions and
recommendations regarding additional requirements (e.g., the need for a
delineation or permit), as appropriate to the determination request and the
situation.
(10) After
review of the information and the site visit, if conducted, the Department may:
(a) Provide a written PJD or JD in accordance
with section (11) of this rule; or
(b) Provide a written PJD and recommend that
the landowner, agent, or applicant obtain a wetland delineation that meets the
requirements in OAR 141-090-0030 and 141-090-0035.
(11) A written PJD or JD by the Department
shall include at a minimum:
(a) A letter or
form addressed to the applicant, landowner or agent that includes the location
of the tax lot(s) or study area investigated, a file number for future
reference, and the expiration date of the JD, or a response on or attached to a
wetland land use notice form or other site development notice submitted by a
local government;
(b) Comments
regarding the use of the PJD or JD, as appropriate;
(c) Additional requirements or
recommendations, such as the need for a wetland delineation;
(d) A determination of the requirements or
exemptions in accordance with OAR 141-085, 141-089, 141-093, 141-0100, and
141-0102 that apply to any waters of this state identified on the tax lot(s)
and/or the proposed activity, if the information provided to or obtained by the
Department is sufficient to make such determination; and
(e) A map or reference to a map showing the
tax lot(s) or study area investigated and the approximate location of any
identified waters of this state, unless the information provided to or obtained
by the Department is not sufficient to make or refer to such a map.
Statutory/Other Authority: ORS
196.845 & 196.692
Statutes/Other Implemented: ORS
196.800 - 196.990, 196.600 -
196.665, 196.668 - 196.692 & 197.279
