News & Articles

1. Department of State Lands May Assess One-Time Fee for Wetland Removal or Fill Permit Valid for More Than One Year

Gives the Department of State Lands the authority to assess a one-time fee that aggregates all years of the volume-based removal fee for permits that are valid for more than one year. Prior to this amendment, a permit holder paid the volume-based fee yearly. The legislation also makes changes to the lands exempted from permitting, which could impact farming operations.

House Bill 2155 (effective January 1, 2010)

2. Department of State Lands May Allow Mitigation Banks to Offset Impacts on Waters of the State

Expands the scope of the mitigation statute by deleting reference to "wetlands" and replacing it with the broader term "waters of the state," thereby allowing mitigation banking to compensate for damage to water resources other than wetlands. Allows mitigation in order to "create, restore, enhance or preserve the functions and values of the water resources of the state" whereas formerly mitigation defined as action meant to "restore, create, or enhance wetland functional attributes." Expansion allows Department of State Lands to acquire or accept title to lands suitable for use in mitigation banks or suitable to preserve sensitive or unique habitat in or near the waters of the state, thereby removing the former condition that such land acquired need itself be wetland.

House Bill 2156 (effective January 1, 2010)

3. Water Resource Commission to Require New Report for Drilling of Geotechnical Holes

Requires people who drill geotechnical holes to keep a log of each hole drilled, and to submit a report to Water Resources Commission within 30 days after drilling a hole. In addition, requires a recording fee for each report submitted to the Water Resources Commission, and those performing the work to be licensed.

House Bill 2232 (effective July 1, 2009)

4. Metropolitan Service District Annexation of Urban Growth Boundaries and Service District Boundaries Linked

Provides that when a metropolitan service district adopts an urban growth boundary, the area brought into the urban growth boundary automatically becomes the boundary of the service district.

House Bill 3043 (effective January 1, 2010)

5. Environmental Quality Commission Granted Authority to Set Fees for Air Contaminant Sources

Grants the Environmental Quality Commission discretion to establish a schedule of fees for the registration of certain classes of air contamination sources that require a permit. The registration fees, if established, must be based upon the anticipated cost of developing and implementing programs related to registration, compliance, inspections, and enforcement.

Senate Bill 103 (effective June 18, 2009)

6. Maximum Penalties for Violations of Environmental Laws to Increase

Increases the maximum per day penalty for violations of certain environmental laws and rules, and orders of the Environmental Quality Commission or Department of Environmental Quality, to a maximum of $25,000/day. The change represents a significant ratcheting up in penalty, which was previously $10,000/day.

Senate Bill 105 (effective January 1, 2010)

7. Certain Mining Operations Exempted from Reclamation; State Given Authority to Regulate if a County Chooses Not To

Exempts certain mining operations including lands within the surfaces and contours of surface mines in existence on July 1, 1972 (or vertical extensions) from surface mining reclamation requirements (subject to conditions). In addition, Department of Geology and Mineral Industries was granted the authority to adopt rules in the event that a county repeals zoning laws or ordinances that previously controlled.

Senate Bill 191 (effective June 16, 2009)

8. Definition of Surface Mining Modified by Legislature

Excludes from the definition of "surface mining" excavations or reprocessing of aggregate material, or grading operations, within the highway right of way reasonably necessary for the construction, reconstruction or maintenance of a highway. The legislation addresses technical issues Oregon Department of Transportation encountered as a result of a method used during highway repairs.

Senate Bill 599 (effective January 1, 2010)