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;
Additional site information or data is provided voluntarily by an applicant or
landowner to the Department;
Additional information is provided to or obtained by the Department in
conjunction with a request for reconsideration (OAR 141-090-0050
), a contested
case hearing associated with an authorization application (ORS
); a contested case hearing provided under 141-090-0050(4)(a),
or an independent review provided under 141-090-0050(4)(b).
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
(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 or those made for an enforcement action are not
subject to the five-year expiration.
(3) Upon expiration, a report and JD are no
longer valid for determining whether a state removal-fill authorization may be
(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 up
to five years within one year of the expiration date.
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 referencing the recently expired
wetland delineation number.
Date of the field inspection and the name of the person conducting the field
(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 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 those changes on the JD.
description of the method used to relocate the wetland boundary(ies) in the
field and a summary of the supporting evidence used to conclude that the
location and extent of wetlands is the same.
A wetland map(s) that meets the
requirements in OAR 141-090-0035
. The recently-expired map can be used if the
current mapping requirements are met and the study area boundary is the
(g) A recent aerial
photograph with the study area boundary identified.
(h) Any figures that may have changed from
the recently expired wetland delineation report, such as a smaller study
(i) Completed data sheets
from representative data plots illustrating the unchanged wetland
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:
the original report for up to 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 missing additional or clarifying information, or requested
information is not provided within 60 calendar days of the Department's written
Disagree with the
conclusion that the wetland 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 141-090-0032 for review of a new delineation report.
At the discretion of the
Department and within staffing ability, a landowner can request the Department
to 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
Or. Admin. R. 141-090-0045
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
Stats. Implemented: ORS