(1) It is the
policy of the State of Oregon that the protection, conservation and best use of
the water resources of this state are matters of the utmost public concern (ORS
196.805) and that the state use
a single definition of wetlands and a single, uniform methodology of
delineating wetland boundaries (ORS
In accord with these policies the
Department shall, to the greatest extent possible:
(a) Provide a clear process for making,
modifying or reissuing jurisdictional determinations, including wetland
jurisdictional determinations using the best available science, technical
guidance and documents;
sound professional judgment in interpreting maps, aerial photographs,
environmental data and other relevant documents;
(d) Provide jurisdictional determinations
that improve the level of regulatory certainty for landowners and developers
and that help ensure that fill or removal of material in waters of this state
does not occur without a required removal or fill permit; and
(e) Encourage landowners and developers to
utilize wetland delineation reports at the earliest stage of site development
planning in order to incorporate measures to avoid and minimize impacts to
wetlands and other waters and thus prevent unnecessary regulatory
wetlands and other waters of this state can be affected over time by both
natural changes and human activities, jurisdictional determinations are not
valid for an indefinite period of time.
(4) The Director of the Department of State
Lands shall designate employees responsible for making jurisdictional
determinations as described in these rules.
Final authority for determining the
adequacy of the procedures, methods, application of technical documents,
interpretation and analysis of maps and data, and conclusions regarding the
identification of waters of this state and jurisdictional determinations rests
with the Department except as described in Oregon Laws
, ¦ 2, and except when the Department's
determination is reviewed by a court of competent jurisdiction.
Or. Admin. R. 141-090-0015
DSL 3-2001, f. 4-18-01,
cert. ef. 7-1-01; DSL 1-2004, f. & cert. ef. 5-21-04; DSL 6-2007, f.
12-13-07, cert. ef. 1-1-08; DSL 6-2012, f. 12-13-12, cert. ef.
Stat. Auth.: ORS
196.668 - 96.692 &