hancemcnt of wetlands with comparable 

 functions and values. 



(8) Upon a finding by the director that a 

 fill or removal, or both, authorized under 

 paragraph (b) of subsection (7) of this section 

 has caused or is likely to cause more than 

 minimal adverse impact to the wetland sys- 

 tem considering required mitigation condi- 

 tions, the director shall revise the order to 

 require individual permit review according to 

 ORS 196.682 or provide additional conditions 

 to insure that adverse impacts are minimal. 

 Such revision shall not be subject to ORS 

 196.684. (1989 C.837 §lll 



196.682 Permits required for removal 

 or fill; conditions on issuance of permit. 



(1) Except where otherwise provided by the 

 order approving the plan, individual permit 

 applications shall be required for removal or 

 fill, or both, in areas subject to an approved 

 wetland conservation plan. If individual per- 

 mit applications arc to be reviewed under the 

 authority of the director, then application 

 foes and review procedures shall be in ac- 

 cordance with ORS 196.815, 196.825 (5) and 

 (6) and 196.835. In lieu of the substantive 

 standards for permit issuance in ORS 196.815 

 (1) and 196.825 (1), (2) and (3). the division 

 shall issue a permit if the removal or fill, or 

 both, is consistent with the wetland conser- 

 vation plan or can be conditioned to be con- 

 sistent with the plan. The division shall 

 condition any such permit as necessary to 

 insure that the project: 



(a) Is properly designed or config\ired to 

 minimize the need for alterations to waters 

 of the state; 



(b) Is the minimum size necessary to 

 reasonably provide for the proposed use; 



(c) Complies with applicable provisions 

 of the acknowledged comprehensive plan and 

 land use regulations for the area; 



(d) Is designed to minimize impacts from 

 implementing the project; and 



(e) Is conditioned to insure wetland cre- 

 ation, restoration or enhancement measures 

 are implemented to fully replace impacted 

 resources. 



(2) In any order approving a plan which 

 authorizes any fill or removal or both, with- 

 out the necessity of subsequently obtaining 

 an individual permit, the director shall con- 

 dition such approval as necessary to insure 

 that the project complies with the conditions 

 of subsection (1) of this section and clearly 

 delineates the wetland area in which fill or 

 removal, or both, is to occur. (1989 c.837 $121 



196.684 Amendment of plans; revie^v 

 of plans by division; review of orders by 

 Land Use Board of Appeals. (1) Local gov- 

 ernments shall provide notice to the division 

 of any proposed amendnnents to the land use 



plan and ordinances affecting lands subject 

 to a wetland conservation plan approved un- 

 der this section. 



(2) Amendments to plan policies, maps 

 and implementing ordinances by the local 

 government within an approved wetland con- 

 servation plan shall be reviewed by the divi- 

 sion against the requirements of this section. 

 These provisions do not exempt local gov- 

 ernments from the provisions of ORS 197.610 

 to 197.625. 



(3) The director shall provide notice and 

 the opportunity for public comment and 

 hearing as defined by rule on the matter of 

 including the amendment in the wetland 

 conservation plan. 



(4) If the director finds that the proposed 

 local government amendment to acknowl- 

 edged comprehensive plan and land use reg- 

 ulations meets the requirements of ORS 

 196.681, the director shall approve the plan 

 by order, and notify the local government 

 within 10 days of the completion of the pub- 

 lic review provided in subsection (3) of this 

 section. 



(5) If the amendments to acknowledged 

 comprehensive plan and land use regulations 

 adopted by the local government are deter- 

 mined not to comply with the requirements 

 of ORS 196.668 to 196.692, 196.800, 196.810, 

 196.825. 196.830, 196.850 to 196.860, 196.885, 

 196.905, 197.015, 197.279, 215.213, 215.283, 

 215.418 and 227.350, the director shall revoke 

 the approval order or amend the order to in- 

 sure compliance with the requirements of 

 ORS 196.668 to 196.692, 196.800, 196.810, 

 196.825, 196.830, 196.850 to 196.860, 196.885, 

 196.905, 197.015, 197.279, 215.213, 215.283, 

 215.418 and 227.350. 



(6) The division shall review each'-~ap- 

 proved wetland conservation plan every" five 

 years. After such review the director - shall 

 either modify, reissue or rescind thearordcr 

 approving the plan. ' i^ 



(7) In conducting the five-year review of 

 an approved wetland conservation plan, the 

 director shall provide notice and the oppor- 

 tunity for public comment and hearing on 

 whether: 



(a) There has been a substantial change 

 in circumstances that would affect the 

 wetland resources subject to the plan and 

 would adversely affect the compliance of the 

 plan with the standards in ORS 196.681; 



(b) Changes have been made in applicable 

 state law, state-wide land use planning goals, 

 federal law or agency rules that require the 

 plan to be changed; and 



(c) In the director's evaluation, the plan 

 as implemented over the preceding five years 

 meets the goals established in the plan. 



