These exemptions apply in all waters of this state except State
Not Apply to Nonfarm Uses. The exemptions under OAR 141-085-0535
(2) and (3) do
not apply to any fill or removal that involves changing an area of wetlands to
a nonfarm use.
and Ranching Activities on Converted Wetlands. "Converted Wetlands" are defined
under OAR 141-085-0510
. Exempt activities on converted wetlands include:
(f) Conventional crop rotation; and
Certain Activities Conducted on Exclusive
Farm Use (EFU) Zoned Land. The following activities on lands zoned for
exclusive farm use as described in ORS
and designated in the
city or county comprehensive plan are exempt:
(a) Drainage or maintenance of farm or stock
(b) Maintenance of existing
farm roads in such a manner as to not significantly adversely affect wetlands
or any other waters of this state; or
(c) Subsurface drainage by deep ripping,
tiling or moling, limited to converted wetlands.
(4) Farm Uses on Certified Prior Converted
Cropland. Any activity defined as a farm use in ORS
215.203 is exempt if the land is
zoned for exclusive farm use pursuant to ORS
215.203, if the lands are
converted wetlands that are also certified as prior converted cropland by the
Natural Resources Conservation Service, as long as commercial agricultural
production on the land has not been abandoned for five or more years.
Federal Conservation Reserve Program.
Reestablishment of crops under federal conservation reserve program provisions
set forth in
(6) Activities Customarily Associated with
Agriculture in Essential Indigenous Anadromous Salmonid Habitat (ESH). These
are activities, including maintenance activities, that are commonly and usually
associated with the raising of livestock or the growing of crops in Oregon.
Removal-fill covered by this exemption must not exceed 50 cubic yards of
Ditch Maintenance. Exempt maintenance of agricultural drainage ditches under
(4) includes disposal of dredged material in a thin layer on
converted wetlands, provided such disposal does not change wetland to upland.
For the purposes of this exemption, "ditch" is defined in OAR
(a) Department-authorized push-up dams equal
to or greater than 50 cubic yards can continue to be maintained indefinitely
during the irrigation season and reconstructed each successive season provided
the work is done in compliance with all original permit conditions and the
Oregon Department of Fish and Wildlife fish passage statutes (ORS
509.910). In the event of
conflicts with the original permit conditions, the most recent fish passage
requirements will be controlling.
Push-up dams that were built prior to
September 13, 1967, are exempt from the Removal-Fill Law if they meet the
(A) Are reconstructed,
serviceable and used within the past five years;
(B) Have the same effect as when first
constructed (i.e., size and location); and
(C) Are operated in a manner consistent with
the water right certificate and ORS
(c) Push-up dams less than 50
cubic yards used for agricultural purposes in ESH are exempt.
Or. Admin. R. 141-085-0535
DSL 1-2009, f. 2-13-09,
cert. ef. 3-1-09; DSL 8-2009, f. 12-15-09 cert. ef. 1-1-10; DSL 1-2011, f.
& cert. ef. 3-1-11; DSL 3-2012, f. 9-28-12, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS