A Guide to the Oregon Removal-Fill Law Requirements, Process, and Compliance

The Oregon Removal-Fill Law: A Comprehensive Guide offers a deep dive into one of the state's most important environmental regulations, providing essential insights for navigating the complexities of waterway and wetland alteration projects. This guide demystifies the Removal-Fill permitting process, clarifies key compliance obligations, and highlights recent regulatory developments that are reshaping the landscape for developers and consultants alike. From understanding the law's applicability and structure to managing monitoring and reporting requirements, readers will gain a solid foundation for successfully planning and executing projects in accordance with this critical regulation. With a focus on practical guidance and real-world examples, this resource serves as an indispensable tool for anyone seeking to effectively navigate the Oregon Removal-Fill Law while promoting responsible development and environmental stewardship.

GENERAL INFORMATION

Key Details of the Oregon Removal-Fill Law

Issuing Agency: Oregon Department of State Lands (DSL)

Year Established: 1967

Last Amended: 2019

Statutory Authority: Oregon Removal-Fill Act1

Primary Legal Reference: Oregon Revised Statutes (ORS) 196.795-9902

Overview of the Oregon Removal-Fill Law

The Oregon Removal-Fill Law is a state regulation that operates within the broader framework of Oregon's environmental protection laws. It complements federal regulations such as Section 404 of the Clean Water Act, which regulates dredge and fill activities in waters of the United States. The primary goal of the Removal-Fill Law is to protect Oregon's waterways and wetlands from uncontrolled alteration through removal or fill activities.

The law is administered and enforced by the Oregon Department of State Lands (DSL), with involvement from other state agencies such as the Oregon Department of Environmental Quality (DEQ) and the Oregon Department of Fish and Wildlife (ODFW). The Removal-Fill Law was first enacted in 1967 and has undergone several amendments, with the most recent significant changes occurring in 2019.1

The Removal-Fill Law achieves its goals by requiring permits for removal or fill activities in waters of the state, which include wetlands, rivers, streams, and other water bodies. The law applies statewide and covers all public and private entities engaging in removal or fill activities, with some exemptions for certain agricultural, forestry, and emergency activities.2

What does the Oregon Removal-Fill Law protect?

The Oregon Removal-Fill Law protects the state's waterways and wetlands from uncontrolled alteration. Specifically, it safeguards:

  1. Rivers, streams, and other water bodies from excessive sediment removal or fill that can harm water quality, aquatic habitats, and fish populations.
  2. Wetlands from draining, filling, or other alterations that can destroy their ecological functions, such as flood control, water purification, and wildlife habitat.

The law achieves this protection by requiring permits for removal or fill activities in waters of the state, which allows the Department of State Lands to review proposed projects and ensure they meet environmental standards and mitigation requirements.2

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Oregon Removal-Fill Law, as outlined in Oregon Revised Statutes (ORS) 196.795-9903, regulates activities that involve the removal or fill of material in waters of the state. This law applies to any person, organization, or agency that plans to remove or fill material in Oregon's waterways, including but not limited to:

  • Developers and construction companies
  • Mining and dredging operations
  • Landowners and property managers
  • Governmental agencies and municipalities
  • Utilities and transportation departments

The primary purpose of the Removal-Fill Law is to protect Oregon's water resources and ensure that any alterations to waterways are carried out in an environmentally responsible manner.

Prohibited activities under the Oregon Removal-Fill Law include:

  1. Removing material from waters of the state without obtaining the necessary permits or authorizations.
  2. Filling in waters of the state without obtaining the required permits or authorizations.
  3. Engaging in removal or fill activities that result in significant adverse impacts to water quality, aquatic habitat, or other environmental resources.
  4. Failing to comply with the terms and conditions of a removal-fill permit or authorization.

These prohibitions are in place to prevent damage to Oregon's water resources, maintain water quality, preserve aquatic habitats, and protect the overall health of the state's ecosystems.

Structure and Key Provisions

The Oregon Removal-Fill Law is structured into several key sections that outline the requirements, procedures, and enforcement mechanisms related to the regulation of removal and fill activities in state waters. The main sections of the law include:

Definitions (ORS 196.800)

This section defines important terms used throughout the law, such as "water," "material," "removal," "fill," and "person."4

Removal or Fill Permit Required; Exceptions (ORS 196.810)

This section establishes the requirement for obtaining a permit before engaging in removal or fill activities and lists specific activities that are exempt from this requirement.5

Application for Permit; Fees; Disposition of Fees (ORS 196.815)

This section outlines the application process for obtaining a removal-fill permit, including the required information, fees, and the disposition of collected fees.6

Conditions for Issuance of Permit; Consultation with Other Agencies (ORS 196.825)

This section describes the conditions that must be met for the issuance of a removal-fill permit and the requirement for consultation with other relevant agencies.7

Enforcement Powers of Director (ORS 196.860)

This section details the enforcement powers of the Director of the Department of State Lands, including the authority to issue stop-work orders, impose civil penalties, and seek injunctive relief for violations of the law.8

While these are some of the key provisions of the Oregon Removal-Fill Law, it is essential for anyone engaging in removal or fill activities to consult the full text of the regulation and work closely with the Oregon Department of State Lands to ensure compliance with all applicable requirements. Project-specific guidance from the agency can help navigate the complexities of the law and avoid potential violations.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Oregon Removal-Fill Law establishes various standards and limitations to protect Oregon's waterways and wetlands from unnecessary alteration or degradation. These standards may include9:

  • Restrictions on the volume of material that can be removed from or filled into waters of the state without a permit
  • Performance standards for removal and fill activities to minimize adverse impacts on water quality, fish and wildlife habitat, and other aquatic resources
  • Mitigation requirements to compensate for unavoidable impacts of removal-fill projects

The Oregon Department of State Lands (DSL) is responsible for implementing and enforcing these standards through its permit review process and compliance monitoring programs.10 Developers and consultants must work closely with DSL to ensure their projects meet all applicable standards and limitations under the Removal-Fill Law.

Monitoring, Reporting & Recordkeeping Obligations

Under the Oregon Removal-Fill Law, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements to demonstrate compliance with permit conditions and regulatory standards. These obligations may include11:

  • Pre- and post-project site assessments to document existing conditions and project impacts
  • Regular monitoring of water quality, habitat, or other environmental parameters during project implementation
  • Submission of annual or periodic reports to DSL summarizing project activities, monitoring results, and compliance status
  • Maintenance of detailed records of removal-fill volumes, site plans, mitigation measures, and other relevant project information

The specific nature and scope of these requirements will vary depending on the size, location, and potential impacts of each removal-fill project. Developers and consultants should consult closely with DSL to determine the applicable monitoring, reporting, and recordkeeping obligations for their projects.[^203]

Enforcement Actions & Penalties

The Oregon Department of State Lands has the authority to take various enforcement actions against individuals or entities who violate the provisions of the Removal-Fill Law or fail to comply with permit conditions. These actions may include12:

  • Issuance of notices of violation or cease and desist orders to stop unauthorized removal-fill activities
  • Assessment of administrative civil penalties of up to $10,000 per violation per day
  • Initiation of civil or criminal judicial proceedings for more severe or repeated violations
  • Revocation or suspension of removal-fill permits
  • Requirements for environmental restoration or compensatory mitigation to address project impacts

To avoid potential enforcement actions and penalties, developers and consultants should prioritize proactive compliance with all applicable requirements of the Removal-Fill Law and maintain open communication with DSL throughout the permitting and project implementation process. Early engagement with the agency can help identify and resolve potential compliance issues before they result in formal enforcement proceedings.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Oregon Removal-Fill Law has undergone several significant changes in recent years, with key amendments and policy updates aimed at streamlining the permitting process and enhancing environmental protection. One notable development was the passage of House Bill 2436 in 2019, which clarified the definition of "artificial wetlands" and provided a more straightforward path for obtaining permits for activities in these areas.

Another important change was the adoption of new rules by the Oregon Department of State Lands (DSL) in 2020, which updated the compensatory mitigation requirements for projects that impact wetlands or waterways. These rules introduced a more flexible approach to mitigation, allowing for a wider range of options such as permittee-responsible mitigation, mitigation banking, and in-lieu fee programs.

Looking ahead, the DSL is currently working on several initiatives that may further shape the implementation of the Oregon Removal-Fill Law. One such effort is the development of a new online permitting system, which aims to streamline the application process and improve transparency. The agency is also conducting a comprehensive review of its administrative rules, with the goal of identifying opportunities for simplification and consistency.

To stay informed about these and other developments, stakeholders can:

  • Monitor the DSL's website and subscribe to their email updates
  • Attend public meetings and workshops hosted by the agency
  • Engage with industry associations, such as the Oregon Association of Wetland Scientists or the Oregon Chapter of the American Planning Association, which often provide educational resources and advocacy opportunities related to the Oregon Removal-Fill Law

By staying engaged and informed, developers, environmental consultants, and other stakeholders can better navigate the evolving regulatory landscape and ensure compliance with the Oregon Removal-Fill Law.

Additional Resources

REFERENCES

  1. Oregon Department of State Lands. (n.d.). Removal-Fill Guide. ↩ ↩2

  2. Oregon Revised Statutes (ORS) 196.795-990. https://www.oregonlegislature.gov/bills_laws/ors/ors196.html ↩ ↩2 ↩3

  3. Oregon Revised Statutes, Chapter 196, Sections 795-990. https://www.oregonlegislature.gov/bills_laws/ors/ors196.html ↩

  4. ORS 196.800. https://www.oregonlegislature.gov/bills_laws/ors/ors196.html ↩

  5. ORS 196.810. https://www.oregonlegislature.gov/bills_laws/ors/ors196.html ↩

  6. ORS 196.815. https://www.oregonlegislature.gov/bills_laws/ors/ors196.html ↩

  7. ORS 196.825. https://www.oregonlegislature.gov/bills_laws/ors/ors196.html ↩

  8. ORS 196.860. https://www.oregonlegislature.gov/bills_laws/ors/ors196.html ↩

  9. Oregon Department of State Lands. (n.d.). Oregon's Removal-Fill Law. https://www.oregon.gov/dsl/WW/Pages/Permits.aspx ↩

  10. Oregon Revised Statutes, Chapter 196, Sections 795-990. (2020). https://www.oregonlegislature.gov/bills_laws/ors/ors196.html ↩

  11. Oregon Administrative Rules, Chapter 141, Division 85. (2020). https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=405 ↩

  12. Oregon Revised Statutes, Chapter 196, Section 870. (2020). https://www.oregonlegislature.gov/bills_laws/ors/ors196.html ↩

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A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the Removal-Fill Law. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.