Bill Text: OR SB1582 | 2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
SA to SB 1582
LC 228/SB 1582-4
SENATE AMENDMENTS TO
SENATE BILL 1582
By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
February 15
On page 1 of the printed bill, line 2, after 'provisions; '
insert 'and' and after 'ORS' delete the rest of the line and line
3 and insert '196.805 and 196.818.'.
Delete lines 5 through 30 and delete pages 2 through 8 and
insert:
'
{ + 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;
' (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;
' (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 10 years after the date on which the determination
is made.
' (5) Five years after a determination has been made under
subsection (1)(a) or (b) of this section, if the department
determined that wetlands are present on a specific land parcel,
or if the department determined where the boundaries of a wetland
are located on a land parcel, the person or governmental body
shall examine the land parcel for changes to wetlands hydrology,
soil and vegetation. If the person or governmental body
determines that the land parcel has sufficiently changed to
require a new determination, the person or governmental body
shall submit evidence of such change to the department. If the
department determines that the land parcel has sufficiently
changed to require a new determination, the person or
governmental body shall submit a new wetland delineation report
as described in subsection (1)(a) or (b) of this section. + }
' { - (3) - } { + (6) + } 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.
' { + (7) 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) - } { + (8) + } The director { - of the
Department of State Lands - } shall issue an order revising the
fee specified in subsection
{ - (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) - } { + (9) + } 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 part of the statutory law of this state or express any
legislative intent in the enactment of this 2012 Act. + } ' .
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