OAR 603-095-2440: Required Prevention and Control Measures

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 Prevention and Control Measures 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. (1) Effective upon rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. (2) By January 1, 2003, agricultural activities along perennial streams shall allow for the establishment and maintenance of riparian vegetation consistent with site capability that promotes infiltration of overland flows, moderation of solar heating, and streambank stability. (a) Minimal breaks in shade vegetation for essential management activities are considered appropriate. (b) Management within the riparian area is allowed provided it does not compromise achieving the conditions described in (1)(b).