Oregon Revised Statutes Chapter 196 § 196.800 — to 196.900 voluntary habitat restoration projects that have only

to 196.900 voluntary habitat restoration projects that have only minimal adverse impact on waters of this state. (14) Nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, for a change in the point of diversion to withdraw surface water for beneficial use if the change in the point of diversion is necessitated by a change in the location of the surface water and authorized by the Water Resources Department. (15) Unless otherwise provided in a proposed order or in a final order issued in a contested case, nothing in ORS 196.800 to 196.900 applies to removal or filling, or both, originally intended or subsequently used for the establishment, repair, restoration, resumption or replacement of the following uses, if the use was established on or before January 1, 2017, on lands zoned for exclusive farm use, forest use or mixed farm and forest use: (a) A dwelling: (A) Described in ORS 215.213 (1) or (3) or 215.283 (1); (B) Established subject to county approval under ORS 215.402 to 215.438; or (C) Lawfully established on or before December 31, 1973; (b) An agricultural building as defined in ORS 455.315; or (c) Activities that: (A) Are associated with a dwelling or agricultural building described in this subsection; (B) Have received county approval, if necessary, under ORS 215.402 to 215.438; and (C) Are located on the same lot or parcel as the dwelling or agricultural building. (16) Nothing in ORS 196.800 to 196.921 applies to removal or filling, or both, as part of a voluntary project for stream restoration and habitat improvement authorized by the State Department of Fish and Wildlife under ORS 496.266. (17) As used in this section: (a)(A) “Converted wetlands” means agriculturally managed wetlands that, on or before June 30, 1989, were brought into commercial agricultural production by diking, draining, leveling, filling or any similar hydrologic manipulation and by removal or manipulation of natural vegetation, and that are managed for commercial agricultural purposes. (B) “Converted wetlands” does not include any stream, slough, ditched creek, spring, lake or any other waters of this state that are located within or adjacent to a converted wetland area. (b) “Harvesting” means physically removing crops or other agricultural products. (c) “Plowing” includes all forms of primary tillage, including moldboard, chisel or wide-blade plowing, discing, harrowing or similar means of breaking up, cutting, turning over or stirring soil to prepare it for planting crops or other agricultural products. “Plowing” does not include: (A) The redistribution of soil, rock, sand or other surface materials in a manner that changes areas of waters of this state into dry land; or (B) Rock crushing activities that result in the loss of natural drainage characteristics, the reduction of water storage and recharge capability, or the overburdening of natural water filtration capacity. (d) “Replacement” means the construction of a new structure that is substantially similar in size, sited in a substantially similar location and constructed in place of a previously existing structure. (e) “Seeding” means the sowing of seed or placement of seedlings to produce crops or other agricultural products. (Monitoring; Education; Reports)