SOIL AND WATER CONSERVATION
ORS 568.801 directs the department to adopt procedures to be utilized by soil and water conservation districts desiring to implement streambank erosion control or stream corridor management projects, which are to be funded in whole or in part with state funds. OAR 603-072-0010 to 603-072-0025 set forth such procedures.
As used in OAR 603-072-0005 to 603-072-0025:
(1) "Stream Corridor" means a perennial stream and its associated natural fringe and trees, which includes the area occupied by normal high water, the area in which the stream meanders, or in recent decades has meandered, and the immediately adjacent areas which support a belt of higher-growing vegetation needed to shade the water and protect the banks from excessive erosion, but does not include the whole of a valley floodplain.
(2) "Streambank Erosion" means the wearing away of the whole side of a streambank from the stream surface down to the foot of the streambank in the stream bottom, which wearing away is the result of the scouring action of moving water, which is a rate greater than a rate resulting in imperceptible change, and which is a threat to life, property or water quality.
Any soil and water conservation district may apply to the department for implementation of a streambank erosion control or stream corridor management project so as to be eligible for partial state or federal funding of such activity. Another soil and water conservation district, or other local governmental agencies, may be co-participants with the applicant without jeopardizing the applicant's eligibility.
Applications for implementation of streambank erosion control or stream corridor management projects shall be on forms prescribed by the department, and shall contain all information requested therein. The application forms may be obtained from the department at its Salem office, and upon completion should be submitted to the department at such office at least 60 days before implementation of the activity is desired or expected.
Departmental Determination on Application
Upon receipt of an application pursuant to OAR 603-072-0020, the department shall:
(1) Review the application for completeness of information;
(2) Consider the feasibility, public benefits and environmental effects of the proposed activity, and make such investigations as necessary to undertake such considerations;
(3) Investigate the practicality of utilizing the resources of other state or federal agencies in carrying out the proposed activity;
(4) Prepare a preliminary report and determination, and submit the same to the Soil and Water Conservation Commission for its review and comment; and
(5) Prepare a final determination and forward a copy thereof to the applicant, within 90 days of receipt of the application.
Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • firstname.lastname@example.org
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