OAR 603-095-3940: Required Prevention and Control Measures

(1)(a) A landowner is responsible for only those conditions resulting from activities controlled by the landowner. A landowner is not responsible for conditions resulting from activities by landowners on other lands. A landowner is not responsible for conditions that are natural, could not have been reasonably anticipated, or that result from unusual weather events or other exceptional circumstances. (b) Unless otherwise restricted by state or federal law, conditions resulting from limited duration activities are exempt. (2) Streamside Areas: (a) Activities must allow the establishment or improvement of vegetation to provide bank stability and shading of natural streams consistent with the vegetative capability of the site. Evaluation of vegetation will consider conditions for a stream reach in contiguous ownership. (b) Except as provided in (a), grazing, weed control, and other common agricultural activities are allowed in riparian areas. (c) Channel maintenance provided for under ORS 196.600 to 196.905 (Removal Fill laws) is not subject to 603-095-3940(3)(a). (3) Livestock Waste Management: (a) Landowners must prevent movement of animal waste into waters of the state from animal handling or feeding operations that concentrate animal waste. (b) Waste storage and application shall be done in such a way as to keep from exceeding beneficial use for forage and/or crops. (4) Waste Management: No person subject to these rules shall violate any provision of ORS 468B.025 or ORS 468B.050.