Current through Register Vol. 63, No. 9, September 1, 2024
(1) All
JDs by the Department shall be in writing and, except as provided in section
(2) of this rule, shall remain valid for a period of five years from the date
of issuance. A JD may be revised by the Department prior to the expiration date
if:
(a) A field investigation or new
information reveals that site conditions or the geographic extent of waters of
this state are not consistent with the information in a report or permit
application submitted to the Department;
(b) Additional site information or data is
provided voluntarily by an applicant, agent, or landowner to the
Department;
(c) Additional
information is provided to or obtained by the Department in conjunction with a
request for reconsideration (OAR 141-090-0050(1)-(3)), a contested case hearing
associated with an authorization application (ORS
196.825(6) and
OAR 141-085-0575), a contested case hearing provided under OAR
141-090-0050(4)(a), or an appeal provided under OAR
141-090-0050(4)(b);
(d) Information
is provided to or obtained by the Department in conjunction with an appeal to
the U.S. Army Corps of Engineers of an Approved Jurisdictional Determination
(33 CFR Parts 320, 326 and 331); or
(e) New information obtained by or provided
to the Department shows a change in circumstances resulting in a change in the
jurisdictional area.
(2)
JDs that are issued in the form of a removal-fill authorization will expire
after the project is complete or withdrawn. JDs made for an enforcement action
will expire after the case is closed.
(3) Upon expiration, a report and JD are no
longer valid for determining whether a state removal-fill authorization may be
required.
(4) If agency approval is
still needed or desired and a wetland professional determines that the wetland
boundaries have not changed, the Department may reissue the JD one time for
five years within one year of the expiration date.
(5) To request the reissuance of a JD within
one year of the expiration date, the landowner, agent, or applicant with
landowner permission must submit information prepared by a wetland professional
to the Department, as listed in (a) through (i).
(a) A new fully completed wetland
delineation/determination report cover form and a request for reissuance of a
jurisdictional determination form, referencing the previously approved wetland
delineation number.
(b) Date of the
field inspection and the name of the person conducting the field
inspection.
(c) A concise
description of any changes in land use, hydrology, and management of the site
and surrounding area relevant to the location and extent of the wetlands and
other waters within the study area since the last JD.
(d) A summary of any relevant changes to the
manual that have occurred since the most recent JD was issued and a discussion
of the effect of those changes on the JD.
(e) A description of the method used to
re-locate the wetland and other waters boundary(ies) in the field and a summary
of the supporting evidence used to conclude that the location and extent of
wetlands and other waters is the same.
(f) A delineation map(s) that meets the
requirements in OAR 141-090-0035. The previously approved map can be used if
the current mapping requirements are met and the study area boundary is the
same.
(g) A recent aerial
photograph with the study area boundary identified.
(h) Any figures that may have changed from
the previously approved wetland delineation report, such as a smaller study
area.
(i) Completed data sheets
from representative sample plots illustrating the unchanged wetland and other
waters conditions.
(6)
Upon receipt of the reissuance information outlined in subsections (5)(a)
through (i), the Department shall review the information within 120 days of
receipt and may take the following actions:
(a) Reissue the original report for another 5
years;
(b) Request missing
information, clarification, or additional information;
(c) Conduct a site visit to confirm the
report's findings or to collect additional information;
(d) Withdraw the request for reissuance from
further review if determined to be ineligible, missing additional or clarifying
information, or requested information is not provided within 60 calendar days
of the Department's written request; or
(e) Disagree with the conclusion that the
wetland and other waters boundaries have not changed and require a new report
that satisfies the requirements of OAR 141-090-0035 and payment of the fee
described in OAR 141-090-0032 for review of a new delineation report.
(7) At the discretion of the
Department and within staffing ability, a landowner can request the Department
conduct a site visit to determine if a recently expired JD can be reissued or
if a new report is required. If only minor boundary changes have occurred, new
boundaries may be flagged at the discretion of staff during a site visit and
the landowner shall produce and submit a new map that reflects the changes and
meets the mapping requirements in OAR 141-090-0035.
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
