Bill Text: OR SB1582 | 2012 | Regular Session | Enrolled
Bill Title: Relating to the Department of State Lands.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-04-12 - Effective date, January 1, 2013. [SB1582 Detail]
Download: Oregon-2012-SB1582-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1582
Sponsored by Senator MORSE, Representative OLSON (Presession
filed.)
CHAPTER ................
AN ACT
Relating to the Department of State Lands; creating new
provisions; and amending ORS 196.805 and 196.818.
Be It Enacted by the People of the State of Oregon:
{ +
INDEPENDENT REVIEW OF WETLAND + }
{ +
DELINEATION DETERMINATIONS + }
SECTION 1. { + Section 2 of this 2012 Act is added to and made
a part of ORS 196.600 to 196.905. + }
SECTION 2. { + (1)(a) A person may request an independent
review of a determination made under:
(A) ORS 196.818 (1)(a), if the Department of State Lands
determines that wetlands are present on a land parcel owned by
the person; or
(B) ORS 196.818 (1)(b), if the department determines where the
boundaries of a wetland are located on a land parcel owned by the
person.
(b) Notwithstanding paragraph (a) of this subsection, a person
may not request an independent review of a determination made
under ORS 196.818 (1)(a) or (b) unless the person first applies
to the department for reconsideration of the determination, as
required by the department by rule.
(2)(a) Upon receiving a request for independent review under
subsection (1) of this section, the department shall enter into
an agreement with the person making the request under which a
panel of independent reviewers may modify a determination made
under ORS 196.818 (1)(a) or (b).
(b) Notwithstanding paragraph (a) of this subsection, the
department is not required to enter into an agreement with the
person making the request if the person does not agree to make
the decision of the panel of independent reviewers final and
binding.
(3)(a) Review under this section must be conducted by a panel
of three individuals who are well informed on matters relating to
waters of this state. A reviewer:
(A) Shall disclose all prior knowledge of the land parcel that
is the subject of the review and any potential or actual
conflicts of interest;
Enrolled Senate Bill 1582 (SB 1582-B) Page 1
(B) Must have no interest in the land parcel that is the
subject of the review;
(C) Must have five years of experience with wetland plant
identification, hydric soil determinations, wetland hydrology
monitoring, wetland boundary mapping and related data analysis;
and
(D) Must have been a principal investigator for four wetland
delineation reports submitted under ORS 196.818 and approved by
the department within the five years preceding the date on which
review is requested.
(b) As used in this subsection, 'principal investigator ' means
an individual who has been responsible for collecting more than
33 percent of the field data for a wetland delineation report and
for mapping at least 33 percent of the wetland boundary for a
wetland delineation report.
(4) The panel of independent reviewers shall be selected in the
following manner:
(a) The Department of State Lands shall select one reviewer;
(b) The person requesting the review under subsection (1) of
this section shall select one reviewer; and
(c) The reviewers selected under paragraphs (a) and (b) of this
subsection shall jointly select one reviewer.
(5) A person must request a review under this section no more
than 21 days after the date on which the department reconsiders a
determination made under ORS 196.818 (1)(a) or (b).
(6) The panel of independent reviewers must be selected no more
than 30 days after the date on which the person requests a
review. If the reviewers selected under subsection (4)(a) and (b)
of this subsection do not jointly select a third reviewer under
subsection (4)(c) of this section on or before the 30th day, the
department shall request the United States Army Corps of
Engineers to provide a reviewer who has experience reviewing
wetland delineations. A reviewer provided under this subsection
is exempt from subsection (3)(a)(D) of this section.
(7) The panel of independent reviewers must reach a decision no
more than 60 days after the date on which the third reviewer is
selected or provided. As part of the decision reached under this
subsection, the reviewers must determine the cost of the review,
including the reviewers' expenses and fees. The parties to the
agreement shall each pay half of the cost. + }
SECTION 3. { + Section 2 of this 2012 Act applies to
determinations made by the Department of State Lands under ORS
196.818 (1)(a) and (b) on or after the effective date of this
2012 Act. + }
SECTION 4. { + Sections 1 and 2 of this 2012 Act are repealed
on January 2, 2022. + }
{ +
AMENDMENTS TO CURRENT PROVISIONS ALLOWING + }
{ +
SUBMISSION OF WETLAND DELINEATION REPORT + }
SECTION 5. ORS 196.818 is amended to read:
196.818. (1) A person or governmental body { - must pay to
the Department of State Lands a nonrefundable fee of $350 when
submitting - } { + requesting a permit under ORS 196.810 shall
submit + }a wetland delineation report to the Department { + of
State Lands + } for a determination of:
(a) Whether waters of this state are present on a specific land
parcel;
Enrolled Senate Bill 1582 (SB 1582-B) Page 2
(b) Where the boundaries of waters of this state are located on
a land parcel; or
(c) Whether the waters of this state or a proposed activity in
the waters of this state is subject to permit requirements.
{ + (2) A person or governmental body must pay a
nonrefundable fee of $350 to the department when submitting a
wetland delineation report under subsection (1) of this
section. + }
{ - (2) - } { + (3) + } The department shall { + :
(a) + } Review the wetland delineation report submitted under
subsection (1) of this section { - within 120 days after
submission of the wetland delineation report to the
department. - } { + no more than 120 days after the date on
which the person or governmental body submits the report; and
(b) Give priority to the review of a wetland delineation report
that is submitted with or in advance of an application for a
permit required under ORS 196.810 if the permit would authorize
activities on the land parcel that is the subject of the wetland
delineation report.
(4) All determinations made by the department under subsection
(1)(a) and (b) of this section:
(a) Must be made by a person with expertise in wetlands
hydrology, soil and vegetation; and
(b) Expire five years after the date on which a final
determination is made.
(5) Five years after the date on which a final determination
has been made under subsection (1)(a) or (b) of this section, if
the owner of the land parcel that is the subject of the
determination is conducting activities that require a permit
under ORS 196.810, the landowner shall conduct a review of the
land parcel. If the baseline conditions leading to the final
determination have sufficiently changed to require a new
determination, then the landowner shall submit a new wetland
delineation report under subsection (1) of this section. If the
baseline conditions leading to the final determination have not
sufficiently changed to require a new determination, then the
final determination of the department, notwithstanding subsection
(4)(b) of this section, may be extended by five years.
(6) The department may waive or suspend the requirements of
this section for the purpose of issuing an emergency
authorization under ORS 196.810. + }
{ - (3) - } { + (7) + } The fee described in subsection
{ - (1) - } { + (2) + } of this section is in addition to any
permit application fee required under ORS 196.815. A person or
governmental body submitting a revised report to replace a
previously rejected report must pay an additional nonrefundable
fee of $100.
{ + (8) Delineations made pursuant to this section, and
determinations made under this section, must comport with:
(a) The United States Army Corps of Engineers Wetlands
Delineation Manual of 1987; and
(b) Any subsequent federal supplements to the manual or
applicable guidance documents issued by the United States Army
Corps of Engineers, including guidance documents for the area in
which a delineation will take place, as adopted by rule of the
Director of the Department of State Lands. Such rules must comply
with those federal supplements and guidance documents. + }
{ - (4) - } { + (9) + } The director { - of the
Department of State Lands - } shall issue an order revising the
fee specified in subsection
Enrolled Senate Bill 1582 (SB 1582-B) Page 3
{ - (1) - } { + (2) + } of this section on January 1 of each
year, based on changes in the Portland-Salem, OR-WA Consumer
Price Index for All Urban Consumers for All Items as published by
the Bureau of Labor Statistics of the United States Department of
Labor. The director shall round the amount to the nearest dollar.
The revised fee shall take effect January 1 and apply for that
calendar year.
{ - (5) - } { + (10) + } Fees received under this section
shall be credited to the Common School Fund for use by the
department in administration of ORS 196.600 to 196.905.
SECTION 6. { + The amendments to ORS 196.818 by section 5 of
this 2012 Act apply to the review of wetland delineation reports
submitted to the Department of State Lands on or after the
effective date of this 2012 Act. + }
{ +
CONFORMING AMENDMENTS + }
SECTION 7. ORS 196.805 is amended to read:
196.805. (1) The protection, conservation and best use of the
water resources of this state are matters of the utmost public
concern. Streams, lakes, bays, estuaries and other bodies of
water in this state, including not only water and materials for
domestic, agricultural and industrial use but also habitats and
spawning areas for fish, avenues for transportation and sites for
commerce and public recreation, are vital to the economy and
well-being of this state and its people. Unregulated removal of
material from the beds and banks of the waters of this state may
create hazards to the health, safety and welfare of the people of
this state. Unregulated filling in the waters of this state for
any purpose, may result in interfering with or injuring public
navigation, fishery and recreational uses of the waters. In order
to provide for the best possible use of the water resources of
this state, it is desirable to centralize authority in the
Director of the Department of State Lands, and implement control
of the removal of material from the beds and banks or filling of
the waters of this state.
(2) The director shall take into consideration all beneficial
uses of water including streambank protection when administering
fill and removal statutes.
(3) There shall be no condemnation, inverse condemnation, other
taking, or confiscating of property under ORS 196.600 to 196.905
without due process of law.
{ - (4) The director shall delineate wetlands in accordance
with the United States Army Corps of Engineers Wetlands
Delineation Manual of 1987, or subsequent federal manual as
adopted by rule by the director, and applicable guidance issued
by the United States Army Corps of Engineers for the area in
which the wetlands are located. - }
{ - (5) The Department of State Lands shall give priority to
the review of wetland delineation reports submitted with or in
advance of an application for fill or removal of material from
the waters of this state. - }
{ +
UNIT CAPTIONS + }
SECTION 8. { + The unit captions used in this 2012 Act are
provided only for the convenience of the reader and do not become
Enrolled Senate Bill 1582 (SB 1582-B) Page 4
part of the statutory law of this state or express any
legislative intent in the enactment of this 2012 Act. + }
----------
Passed by Senate March 5, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House March 5, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1582 (SB 1582-B) Page 5
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1582 (SB 1582-B) Page 6
