OAR 603-095-4055: Compliance and Enforcement Procedures

(1) Upon finding that a person has engaged in removal-fill activities for the maintenance of a traditionally maintained channel without a permit required under ORS 196.810 and in violation of ORS 196.911, 196.913, or 196.915, and these rules, the Oregon Department of Agriculture, in consultation with the Oregon Department of State Lands and the Oregon Department of Fish and Wildlife, shall notify the person and direct the person to take any actions necessary to bring the maintenance activities into compliance with ORS 196.911, 196.913, or 196.915 and these rules within a reasonable period of time. (2) In all cases, the Oregon Department of Agriculture, in consultation with the Oregon Department of State Lands, shall make reasonable efforts to induce voluntary compliance, prior to the assessment of any civil penalty under ORS 196.890 for violation of ORS 196.911, 196.913, or 196.915 and these rules. (3) The Oregon Department of Agriculture may refer noncompliance concerns to the Oregon Department of State Lands to initiate any enforcement actions.