| Evaluating Jurisdiction & Completing Delineations |
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| Overview |
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ODOT specialists routinely evaluate whether or not features located within a project area are jurisdictional under state and federal law. Determinations are documented by an inter-agency memo to the file or by obtaining concurrence from DSL and the Corps when warranted. For documentation procedures, please refer to ‘Scoping.’
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| Jurisdictional Determinations |
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The Oregon Department of State Lands (DSL) has jurisdiction over all Waters of this State including all tidal and non-tidal bays, intermittent streams, constantly flowing streams, lakes, wetlands and other bodies of water as defined in the Oregon Removal-Fill Law (ORS 196.800- 196.990). DSL asserts jurisdiction over wetlands regardless of their adjacency to other waters of the state. DSL considers whether a wetland is natural or artificially created in determining jurisdiction. For specific details, refer to OAR 141-085-0015.
The U.S. Army Corps of Engineers (Corps) has jurisdiction in Navigable Waters of the U.S. as defined in 33 CFR 329, under the Rivers and Harbors Act of 1899. Additionally, Corps jurisdiction under the Clean Water Act includes Waters of the U.S. as defined in 33 CFR 328. Part 328.4 of the code defines limits of jurisdiction for waters and wetlands. Corps jurisdiction is constantly being tested in the courts.
Corps Jurisdiction Resources:
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| Wetland Delineations |
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The standards and requirements for wetland delineation reports in Oregon are primarily set by Oregon Department of State Lands per OAR 141-090. In Oregon, wetlands are delineated using the 1987 Manual and applicable regional supplements. The Arid West Regional Supplement is currently required and the Western Mountains & Valleys Regional Supplement is being field tested.
Technical Resources include:
NOTE: As of 2007, DSL is requiring the use of the NRCS manual instead of the 1987 Corps Manual to define and describe hydric soils.
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Wetland delineation report guidance:
NOTE: A wetland report should not be prepared if only waters are found on site.
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Formatted Templates and Forms:
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DSL Report Cover Form: required by DSL for use when submitting reports. |
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Basic Report Format: this document is the DSL approved format for 2008 delineation reports. If you want to start from scratch without sample text, you can use this form. If you want sample text, use the Delineation Report Template. |
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Delineation Report Template: this provides sample text and is to be used as a template for 2008 delineation reports. |
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Data Form:
revised for use with the standard format in January 2008, this is a one-page wetland delineation data collection sheet.
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Arid West Data Form: This wetland delineation data form is required when using the Arid West Regional Supplement to the Corps of Engineers 1987 Manual for wetland delineations. |
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Waterway Form: developed by the Corps of
Engineers, this form should be completed for potentially jurisdictional
waterway features that occur within the study area boundary, and should be
attached to wetland delineations. While not required, the use of this form
will help expedite jurisdictional determinations for the Corps in light of
the new guidance that followed the Rapanos-Carabell court decisions. |
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Ordinary High Water Form: This form should be completed for all freshwater, non-tidally influenced waterways to document how the extent of jurisdiction (Ordinary high water) was determined. If the 2-year flood elevation was used in lieu of the ordinary high water, that should be documented on this form as well. When such waters occur within the project area, attach this form to wetland delineation reports submitted to DSL, to all jurisdictional determination requests submitted to the Corps, or keep in project file if a wetland delineation report or jurisdictional determination request is not submitted. |
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