the director to determine that there is prob- 

 able cause to believe that the estuary man- 

 agement plan does not meet the standards for 

 approving wetland conservation plans or un- 

 reasonably interferes with the use of the 

 estuary for navigation, fisheries or public re- 

 creation. 



(11) The director shall approve the ac- 

 knowledged estuary management plan as a 

 wetland conservation plan by order unless 

 the director finds by a preponderance of the 

 evidence that the estuary management plan 

 does not meet the standards for approving 

 wetland conservation plans or unreasonably 

 interferes with the use of the estuary for 

 navigation, fisheries or public recreation or 

 that substantial fills proposed in an estuary 

 management plan for nonwatcr dependent 

 use are not for a public use and would not 

 satisfy a public need that outweighs harm to 

 navigation, fisheries or public recreation. 



(12) The director shall prepare a proposed 

 order for review by the parties within 30 

 days of any contested case hearing held pur- 

 suant to subsection (10) of this section. 



(13) A final order from the director that 

 recommends, pursuant to subsection (8) of 

 this section, denial of an estuary manage- 

 mcnt plan as a wetland conservation plan 

 shall identify deficient elements and pro- 

 visions of the acknowledged estuary manage- 

 ment plan and what measures may be taken 

 to correct those deficiencies. 



(14) Individual permit applications shall 

 be required for removal Of fill, or both, in 

 areas subject to an approved estuary man- 

 agement plan. Individual permit applications 

 shall be reviewed in accordance with ORS 

 196.815, 196.825 (5) and (6), 196.830 and 

 196.835. In lieu of the substantive standards 

 for permit issuance in ORS 196.815 (1) and 

 1%.825 (1), (2) and (3), the division shall is- 

 sue a permit irthe removal or fill, or both, 

 is determined by the director to be consistent 

 with the estuary management plan or can be 

 conditioned to be consistent with the plan. 

 The division shall condition any such permit 

 as necessary to insure that the project: 



(a) Is designed or configured to minimize 

 alterations to waters of the state; 



(b) Is the minimum size necessary to 

 reasonably provide for the proposed use; 



(c) Is consistent with the resource capa- 

 bilities of the area and the purposes of the 

 management unit, unless this has been pre- 

 viously determined in the approved estuary 

 management plan; 



(d) Is designed to minimize impacts fix>m 

 implementing the project; and 



(e) Has estuarine resource replacement 

 measures for creation, restoration or en- 

 hancement that replaces impacted resources. 



(15) Judicial review of an order g^nting 

 or denying approval of an estuary manage- 

 ment plan as provided in this section shall 

 be as provided in ORS 183.470. 



(16) Following approval by the director 

 of an estuary management plan, the require- 

 ments of ORS 196.684 shall apply to the ap- 



r roved estuary management plan. (1989 c.837 

 Ml 



196.688 Public information program. 



(1) The division shall develop a public infor- 

 mation program to educate permit applicants 

 and the general public about: 



(a) Wetland functions and values. 



(b) The status and trends of Oregon's 

 wetlands. 



(c) The State-wide Wetlands Inventory. 



(d) Wetland regulation. 



(2) Upon request, the division shall, 

 within the limits of staffing ability, provide 

 technical assistance to other state agencies 

 and local governments and the public in 

 identifying and delineating the boundaries of 

 wetlands. |1389 C.S37 S20| 



196.690 (Fonnerly 541j622; renumbered 19G.820 in 

 1989! 



196.692 Rules. The division shall adopt 

 rules to carry out the provisions of ORS 

 196.668 to 196.692, 196.800, 196.810, 196.825, 

 196.830, 196.850 to 1%.860, 196.885, 196.905, 

 197.015, 197.279, 215.213, 215.283, 215.418 and 

 227.350. (1989 c.837 $321 





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