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other development permits
Developing a water right often entails grading, trenching, or other types of construction in waterways, riparian areas, and wetlands. In addition to a water use permit, other permits from local, state, or federal agencies may be required. Check first with your local city or county planning office.
Activities in Wetlands and Waterways are Regulated by:
• The Department of State Lands (DSL) under the state Removal-Fill Law (503) 378-3805
• The U.S. Army Corps of Engineers (Corps) under the federal Clean Water Act and Rivers and Harbors Act (503) 808-4373
• The Oregon Department of Forestry under the Forest Practices Act (503) 945-7470
• The U.S. Natural Resource Conservation Service (NRCS) under the Food, Agriculture, Conservation and Trade Act—check government listings
• Some city and county land use ordinances
What Areas are Regulated?
• Rivers, streams, and most creeks
• Estuaries and tidal marshes
• Lakes and some ponds
• Permanent and seasonal wetlands
Regulations apply to all lands, public or private. A wetland does not have to be mapped by the state or otherwise “designated” to fall under the regulations. If you are uncertain if there are regulated wetlands on your property, contact DSL for assistance.
What Activities are Regulated?
• Placement of fill material
• Alteration of stream bank or stream course
• Ditching and draining
• Plowing/disking non-farmed wetlands
• Excavation or dredging of material
• In-water construction (may also require a DSL lease)
• For some activities, joint application forms can be obtained from DSL or the Corps
What Activities are Exempt?
• Some routine maintenance activities
• Established, ongoing agricultural activities and grazing
• Some minor projects involving small amounts of fill or removal
How are Laws Enforced?
The best enforcement is to prevent illegal wetland alterations through information and education. However, when violations do occur, a variety of enforcement tools may be used, including restoration orders, fines, civil and/ or criminal charges.
Contact your local city or county planning office, DSL or the Corps for details and clearance to proceed with your project and to determine if you are impacting an area that is regulated.
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