Or. Admin. Code § 141-093-0225 - Maintenance Drainage - Eligibility Requirements
Activities authorized by this GP must meet all of the following requirements for maintaining drainage to protect agricultural lands.
(1) Purpose. Removal and fill must be for the
primary purpose of maintaining drainage to protect agricultural land.
(2) Land Use. The current land use must be
agricultural land. For the purposes of this general permit, agricultural land
means:
(a) Land currently used for the primary
purpose of obtaining a profit in money by raising, harvesting and selling crops
or the feeding, breeding, management and sale of, or the produce of, livestock,
poultry, fur-bearing animals, fish, or honeybees or for dairying and the sale
of dairy products or any other agricultural or horticultural use or animal
husbandry or any combination thereof.
(b) Agricultural land also includes land used
for the:
(A) On-site preparation, storage and
disposal of the products or by-products raised on such land for human or animal
use;
(B) Primary purpose of
obtaining a monetary profitby stabling or training equines;
(C) On-site construction and maintenance of
equipment and facilities used for the activities described in this subsection;
or
(D) Growing trees exclusively as
an agricultural, not forestry, commodity (e.g. cultured Christmas trees or
hybrid cottonwood).
(3) Removal of Material. The excavation is
limited to the minimum amount necessary to maintain drainage within existing
bed and banks. Channel relocation is not allowed.
(4) Removal Threshold. The activity is
limited to no more than a total of one hundred (100) cubic yards of material
from below ordinary high water or below the elevation of highest measured tide,
for each landowner, per calendar year.
(5) Disposal of Excavated Material. Material
removed as a result of this activity may be placed in adjacent converted
wetlands as long as the effects are temporary and do not result in a permanent
conversion of wetland to upland.
(6) No Removal-Fill in SSW Allowed. Removal
and fill under this general permit may not occur in waterways designated State
Scenic Waterway (SSW) or waterways located in SSW Related Adjacent
Lands.
Notes
Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990
Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990
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