OAR 603-095-3540: Required Prevention and Control Measures

(1) All landowners or operators conducting activities on lands in agricultural use will comply with the following criteria. A landowner is responsible for only those conditions resulting from activities controlled by the landowner. A landowner is not responsible for conditions resulting from actions by another landowner on other lands. A landowner is not responsible for conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated. A landowner is not responsible for natural increases in nutrient or temperature loading. (2) Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. (3) Effective June 3, 2007, agricultural management activities in the riparian area of perennial streams will be conducted in a manner that allows for the establishment, growth, and maintenance of riparian vegetation consistent with vegetative site capability so as to provide streambank stability and shade. Exemptions from OAR 603-095-3540(3) are: (a) Stream crossings, access for irrigation equipment and other accepted water dependent agricultural uses when conducted in a manner that minimizes impacts on streambank stability. (b) Streams that do not support native trout and are inaccessible to anandromous fish because of barriers at their junction with the Pacific Ocean. (c) This rule is not intended to prohibit riparian grazing where it can done while meeting the above vegetative conditions.