The Department may approve the use of in-lieu fee mitigation as a category of the mitigation banking program (OAR 141-085-0720 through 141-085-0740).

1. (1) Applicability. In-lieu fee mitigation involves the payment of funds to an approved sponsor to satisfy compensatory mitigation requirements for impacts to waters of this state. In-lieu fee mitigation differs from other forms of mitigation in that advanced credits can be released upon approval of a program Instrument, before Department approval of the mitigation site.
2. (2) Policies. In-lieu fee mitigation is subject to all rules governing mitigation banking (OAR 141-085-0720 through 141-085-0745), as applicable.

3. (3) Implementation. The Department will establish a method for implementing in-lieu fee mitigation, including, but not limited to the following elements:

   1. (a) Additional information required for a program instrument outlining the operation and use of an in-lieu fee program, including, but not limited to a planning framework for identifying and securing mitigation sites within the defined service area, proposed advance credit release and justification, and accounting procedures;
   2. (b) Timelines to implement compensatory mitigation projects to satisfy advance credit sales, and
   3. (c) Department approval of compensatory mitigation projects proposed by the in-lieu fee sponsor.
4. (4) Qualifying Sponsors May Be Limited. The Department may limit the number and type of in-lieu fee sponsors.

Statutory/Other Authority

ORS 196.825 & 196.600 – 196.692

Statutes/Other Implemented

ORS 196.600 - 196.692 & 196.795 - 196.990

History

DSL 3-2026, repeal filed 05/26/2026, effective 05/03/2027
DSL 1-2011, f. & cert. ef. 3-1-11
DSL 8-2009, f. 12-15-09, cert. ef. 1-1-10
DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09