OAR 603-095-2140: Required Prevention and Control Measures

(1) All landowners or operators conducting activities on lands in agricultural use shall comply with the following criteria. A landowner shall be responsible for only those conditions caused by activities conducted on land controlled by the landowner. A landowner is not responsible for violations of the characteristics to achieve resulting from actions by another landowner. Conditions resulting from unusual weather events (equaling or exceeding a 25-year, 24-hour storm event) or other exceptional circumstances are not the responsibility of the landowner. Limited duration activities may be exempted from these conditions subject to prior written approval by the department. (2) Waste: Effective upon rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. (3) Riparian areas: By January 1, 2004, agricultural management shall allow establishment and maintenance of vegetation along perennial streams consistent with the capability of the site to provide riparian functions necessary to help moderate solar heating and for streambanks to withstand flows resulting from a 25-year, 24-hour storm event. (4) Erosion and Nutrients: (a) By January 1, 2004, soil erosion from agricultural activities shall not exceed the tolerable soil loss T. (b) By January 1, 2004, landowners or operators shall prevent pollution from irrigation surface water return flow to waters of the state.