Oregon Revised Statutes Chapter 196 § 196.825 — Criteria for issuance of permit; conditions; consultation with public bodies;

Criteria for issuance of permit; conditions; consultation with public bodies; hearing; appeal. (1) The Director of the Department of State Lands shall issue a permit applied for under ORS 196.815 if the director determines that the project described in the application: (a) Is consistent with the protection, conservation and best use of the water resources of this state as specified in ORS 196.600 to 196.921; and (b) Would not unreasonably interfere with the paramount policy of this state to preserve the use of its waters for navigation, fishing and public recreation. (2) If the director issues a permit applied for under ORS 196.815 to a person that proposes a removal or fill activity for construction or maintenance of a linear facility, and if that person is not a landowner or a person authorized by a landowner to conduct the proposed removal or fill activity on a property, then the person may not conduct removal or fill activity on that property until the person obtains: (a) The landowner’s consent; (b) A right, title or interest with respect to the property that is sufficient to undertake the removal or fill activity; or (c) A court order or judgment authorizing the use of the property. (3) In determining whether to issue a permit, the director shall consider all of the following: (a) The public need for the proposed fill or removal and the social, economic or other public benefits likely to result from the proposed fill or removal. When the applicant for a permit is a public body, the director may accept and rely upon the public body’s findings as to local public need and local public benefit. (b) The economic cost to the public if the proposed fill or removal is not accomplished. (c) The availability of alternatives to the project for which the fill or removal is proposed. (d) The availability of alternative sites for the proposed fill or removal. (e) Whether the proposed fill or removal conforms to sound policies of conservation and would not interfere with public health and safety. (f) Whether the proposed fill or removal is in conformance with existing public uses of the waters and with uses designated for adjacent land in an acknowledged comprehensive plan and land use regulations. (g) Whether the proposed fill or removal is compatible with the acknowledged comprehensive plan and land use regulations for the area where the proposed fill or removal is to take place or can be conditioned on a future local approval to meet this criterion. (h) Whether the proposed fill or removal is for streambank protection. (i) Whether the applicant has provided all practicable mitigation to reduce the adverse effects of the proposed fill or removal in the manner set forth in ORS 196.800. In determining whether the applicant has provided all practicable mitigation, the director shall consider the findings regarding wetlands set forth in ORS