(1)
(a) Notwithstanding ORS 196.810, the Department of State Lands may establish a removal or fill general permit:
- (A) By rule for processing applications on a statewide or geographic basis; or
- (B) By order for an applicant or group of applicants to cover activities that are substantially similar in nature, are recurring or ongoing, and have predictable effects and outcomes.
- (b) The department must find that the project is in compliance with the review standards set forth in ORS 196.600 to 196.921 and would not result in long-term harm to water resources of this state.
- (c) The department shall condition any such general permit upon actions necessary to minimize environmental effects.
(2)
- (a) Any person proposing to conduct an action under a general permit specified in subsection (1)(a)(A) of this section shall apply to the department in accordance with procedures set forth by the department by rule.
- (b) Any person proposing to conduct an action under a general permit specified in subsection (1)(a)(B) of this section shall apply to the department in accordance with procedures set forth by the department by order.
- (3) The department shall amend or rescind any general permit upon a determination that the activities conducted under the permit have resulted in or would result in unacceptable individual or cumulative environmental effects or long-term harm to the water resources of this state.
- (4) Any person proposing to conduct an action under a general permit shall pay the applicable fee required under ORS 196.815 for individual permit applications.
[2007 c.849 §9; 2011 c.559 §1]