OAR 603-095-4045: Variances

(1) Prior to initiation of maintenance activities, a person with a notice on file with the Oregon Department of Agriculture may request a variance from any mandatory condition in the valid notice. Commencement of channel maintenance activities may not occur until the Department provides a concurrence or denial of the variance request. A variance may be requested at the same time as filing a notice. (2) Requests for a variance must be submitted on a form provided by the Department of Agriculture and shall include at a minimum the following information: (a) The mandatory condition(s) that are the subject of the request for the variance; (b) The reasons for the request for the variance; and (c) Proposed alternative actions that avoid or reduce the adverse effects to the resource and that protects, maintains, or improves the ecological function of the channel(s). (3) Within five days of receiving a complete variance request form, the Oregon Department of Agriculture shall forward the request for variance to the Oregon Department of Fish and Wildlife for review and consultation. (4) After consultation with the Oregon Department of Fish and Wildlife, the Department of Agriculture may authorize the variance with additional conditions or modification of conditions. (5) The Oregon Department of Agriculture may decide to deny the variance request. (a) All actions performed under a variance must demonstrate that they avoid or reduce the adverse effects to the resource, and that they protect, maintain, or improve the ecological function of the channel(s). (b) If a request for variance is not granted, work under the notice may commence and proceed only in accordance with mandatory conditions posted in the valid notice on the Department website.