Or. Admin. Code § 635-430-0380 - Activities Generally Compatible with Riparian Lands

Activities that are generally compatible with the intent of the riparian lands tax incentive program include, but are not limited to, the following when they are adequately described as a part of an approved riparian lands management plan and agreement:

(1) Livestock watering and crossing areas when fenced and located at defined points, unless the Department specifically finds the watering or crossing areas are consistent with the objectives of the program without fencing or definite location;

(2) All existing legal irrigation and utility developments, including powerlines, water lines, pipelines, irrigation diversion dams, pump stations, pump intakes, irrigation ditches and other similar developments, if they meet adequate fish passage and diversion screening requirements;

(3) Fish habitat restoration projects;

(4) Large wood removal after a natural disaster, but only when large wood poses an immediate and significant threat to private property or public safety, and only if the Department agrees to removal after the review process specified in OAR 635-430-0390;

(5) Equipment or vehicle crossings at fords, culverts and bridges, if the crossing points are minimized, are constructed and maintained in a manner that minimizes sediment delivery to streams, and provide adequate fish passage in accordance with Oregon Department of Fish and Wildlife Guidelines and Criteria for Stream-Road Crossings;

(6) Recreational facilities (i.e., trails, boat ramps, and primitive camp sites) when consistent with the objectives of the program; and

(7) Tree harvest or vegetation management consistent with the objectives of this program and in compliance with the requirements of the Oregon Forest Practices Act (OAR 629-600-0100 through 629-665-0240).

Notes

Or. Admin. Code § 635-430-0380

FWC 40-1982, f. & ef. 6-29-82; DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0340

Stat. Auth.: ORS 308A.383, ORS 496.138 & ORS 506.119

Stats. Implemented: ORS 308A.350 - ORS 308A.383