OAR 603-095-4040: Prohibitions

(1) No person may commence any removal-fill activities for the maintenance of a traditionally maintained channel unless a valid notice is posted on the Oregon Department of Agriculture website, the Department has not responded within 45 days of receiving a complete notification per ORS 196.915(3) and OAR 603-095 4020(6), or unless a removal-fill permit, pursuant to ORS Chapter 196.911, is obtained from the Oregon Department of State Lands. (2) No person may commence any removal activities in a traditionally maintained channel that is not dry unless a variance is obtained from the Oregon Department of Agriculture. The variance may be granted for a channel that is not dry due to a rain event and not indicative of a perennial stream. (3) A person with a valid notice may not conduct activities that result in removal of more than 3,000 cubic yards per linear mile of a traditionally maintained channel over the course of the five-year period for which the notice is valid. (4) A person with a valid notice may only spread in a thin layer excavated material in a converted wetland or where agricultural activity presently and historically has occurred, and not in a volume of greater than 3,000 cubic yards per linear mile of traditionally maintained channel over the course of the five-year period for which the notice is valid. (5) A person with a valid notice may not conduct any maintenance activities, remove or place fill material in a channel that has been designated by the Oregon Department of State Lands as Essential Indigenous Anadromous Salmonid Habitat, as defined in ORS 196.810. (6) A person with a valid notice may not, through the conduct or result of any maintenance activities, enlarge a water right or cause injury to an existing water right. (7) Maintenance activities must not violate any condition in the applicable valid notification. (8) No work associated with a valid notice may result in the permanent conversion of wetlands to uplands. (9) Maintenance activities shall not include altering traditionally maintained channels to allow for storage of water that could be used for irrigation. (10) Maintenance activities shall not be conducted in channels other than traditionally maintained channels, as defined in 603-095-4005(15). (11) Placement of material in wetlands not presently or historically disturbed by agricultural activities constitutes a material change to the depth or functionality of the wetland and is prohibited.