|
|
|
|
404 Assumption Planning
|
|
|
Article Content |
 |
|
|
Introduction and Background
404 Assumption Committee
Documents and Resources
Contact Information
|
| Introduction and Background |
|
Wetlands and waterways in Oregon are protected by both state and federal laws. Projects impacting waters often require both a state removal-fill permit, issued by the Department of State Lands (DSL), and a federal permit issued by the U.S. Army Corps of Engineers (Corps).
The Corps administers the federal program under Section 404 of the federal Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. The U.S. Environmental Protection Agency (EPA) has the lead for enforcement under the federal Clean Water Act.
The federal Clean Water Act has a provision enabling states to assume Section 404 regulation provided the state has a waterways and wetlands regulatory program equivalent to the federal program. DSL is initiating a renewed effort to examine the benefits and risks of 404 assumption, and may pursue enabling legislation in the 2013 legislative session. If the state assumes the 404 program, only a state permit will be required in waters subject to 404 jurisdiction, which includes most wetlands. Applicants would still need permits from both DSL and the Corps in federally navigable rivers, harbors and bays subject to Section 10 of the Rivers and Harbors Act.
Oregon has long had an interest in 404 assumption. The most recent effort resulted in the submission in December 1995 of a complete draft application package to the EPA. Between 1995 and 2005, DSL conducted outreach, including focus groups, to assess public support for state assumption. The message consistently conveyed by the public was that, given a choice between the state or federal permitting program, the public would choose the state program.
DSL also initiated EPA-required legislative changes to the state Removal-Fill Law. However, the changes enacted by Senate Bill 172 are operative only upon further legislative approval. For a variety of reasons, including questions about Endangered Species Act (ESA) consultation, DSL has not yet requested such approval.
404 Assumption Fact Sheet
Environmental Protection Agency 404 Assumption Requirements
Oregon 404 Assumption Legislative and Application Process (illustration)
|
| 404 Assumption Committee |
|
DSL has assembled an advisory committee to provide input into the 404 assumption process. Committee members represent a wide variety of public interests, including local, state and federal agencies; agriculture; environmental organizations; and developers.
Top of page
|
| Documents and Resources |
|
Top of page
|
| Contact Information |
|
Eric Metz, Department of State Lands
503-986-5266; eric.metz@state.or.us
Top of page
|
|
|
|
|
|
|
|
|
|
|
|
|