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Wetlands/Waterways Removal-Fill
waterway

Removal-Fill Guidelines
Removal-Fill Guide
If you are planning a project that might involve working in wetlands or waterways, you may need a permit from the Department of State Lands (DSL). DSL is in the process of developing a Removal-Fill Guide to help you understand and comply with Oregon’s removal-fill law and permit regulations.  Currently, two chapters of the guide are available in draft form:
 
Chapter One: Removal-Fill Permits (link to http://oregonstatelands.us/DSL/PERMITS/docs/RFG_Permitting_draft.doc) –This chapter explains the types of permits that are available, how to complete an lication, and the steps in the application process. 
 
Chapter Two: Compensatory Mitigation (link to http://oregonstatelands.us/DSL/PERMITS/docs/CWM_RFG_draft.doc) – If your project will damage or negatively impact wetlands or waterways, you are required to replace their functions through mitigation.  This chapter explains the mitigation requirements, how to prepare a mitigation plan, and the requirements for monitoring after the permit is issued. This document updates and replaces previous drafts.  Changes to the March 1, 2009 version previously posted are summarized here Changes to March 2009 Draft 
 
Routine Monitoring Guidance--This guidance provides a standard way to collect data and report the results for wetland mitigation monitoring.  The guidance includes the routine performance standards, sampling methods, data handling and sample size determination for many wetland types.  The summary statistic and sample size workbook (Microsoft Excel) is provided courtesy of the Oregon Chapter of the Nature Conservancy.   
 
Routine Monitoring Guidance 
Sample Size Workbook 
  
Your input is important. Please e-mail your comments on these chapters to:
Chapter 1 Comments 
Chapter 2 Comments 
 
Other Helpful Resources
State Water-Related Permits User Guide The State Water-Related Permits User Guide is a document that provides information on water related permits that might be required from other state agencies, including DSL.   http://www.oregonstatelands.us/DSL/PERMITS/swrp_userguide12_06.shtml). 
 
Wetland Delineation Information
If your project involves removal or fill in wetlands, a DSL-approved wetland delineation report will likely be necessary to complete the processing of your removal-fill permit application. DSL advises that you prepare and submit the wetland delineation report in advance of submitting your  application. More information on wetland delineation requirements and consulting services is on the DSL wetlands page.

 
Project Planning
State, federal and local permitting requirements should be part of your project design considerations to avoid "surprises" that may result in project redesign, permitting delays, or construction delays. Understanding the processes and regulations that affect your project, and designing around them, may allow you to design a project that meets your goals and objectives without the need for a permit or at minimum provide you the most assurance of obtaining a permit in the simplest or quickest process possible with the least amount of bureaucracy. As the regulations are complex it may be beneficial to contact the DSL staff assigned to your county and staff from other agencies that may be involved as they can help advise you early on about options for permitting and what hurdles or regulatory issues may arise during review and permitting.
 
Designing projects so they have the least amount of impact (e.g. minimizing area of impact or secondary impacts like redirection of stream flows), utilize the softest approaches (e.g. use of wood, plantings or other natural elements and minimal use of rock or concrete) or provide some degree of environmental benefit (e.g. habitat restoration project) can not only improve the likelihood of permitting success but also facilitate quicker and easier permitting by qualifying for options such as a General Authorization (GA). GAs are designed to provide simpler, faster review for minimal-impact projects whereas the Individual Permit process can be lengthy and require a lot of detailed information.
 
 
DSL Permitting Assistance
Resource coordinators, who are assigned to counties <http://www.oregonstatelands.us/DSL/PERMITS/contact_us_directory.shtml>, will provide information on Oregon's removal-fill law, and help determine if a project requires a permit. They also can discuss mitigation options, and refer you to other resources, including consultants that routinely prepare permit applications
 
Page updated: October 14, 2009

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