OAR 141-085-0695: Administrative Protection of CM Sites

(1) Administrative Protection Instruments. All CWM sites must be protected from adverse impacts in perpetuity with appropriate protection instruments. Administrative protection for CNWM sites may be required. (2) Protection Instrument Standards. Protection instruments must meet the following standards: (a) The permanent protection instrument must prohibit any uses of the CM site that would violate conditions of the removal-fill authorization or otherwise adversely affect functions and values provided by the CM site; (b) Any proposed revisions to the protection instrument require prior approval from the Department; (c) A conservation easement may only be granted to qualifying parties set forth in ORS 271; (d) Conservation easements must provide the Department a third party right-of-enforcement; and (e) Must include a Right of Entry or an access easement, conveyed to the Department and recorded on the deed for all CM sites on non-public lands, using a template provided by the Department. (3) Publicly Owned CM Sites. For publicly owned CWM sites, administrative protection may be provided through an adopted management plan. Such plan will provide for appropriate protection of the CM site as determined by the Department.