Wetland Program 12 



# 



Program Type 



State 



Name of Program 



Administering Agency 



Implementation Method 



Legal Authority 



Resources (Funds and Staff) 



Lands Covered 



Inventory and Classification 

 Activities Regulated 



Exemptions 



Compliance 



Education 



Problems 

 Success 



EPA Role 

 Needed from EPA 



Taking Issues 

 Mitigation '' • 

 Cumulative Impacts" 



Inland Law 



Oregon 



Oregon Removal-Fill Permit Program 



Oregon Division of State Lands 



Permits required 



Enforcement through voluntary compliance, civil 



or criminal actions 



Removal and Fill Law, 1967, amended in 1971-1985 



OAR 141-85-050 through 141-85-090 



Application fees (provides less than 20 percent 



of costs) 



Investments and use of state lands 



7 full time equivalents 



Lands within the bed or banks of the waters of 



the state 



Wetlands are defined as waters of the state 



No inventory/mapping efforts 



Filling, removal or alteration of material within 



the bed or banks of the waters of the state of 



more than 50 cubic yards of material 



Filling or removal within the beds and banks of 



non-navigable waterways in forest lands 



Some dam construction and water diversion 



Federal projects for navigational servitude 



Active enforcement: civil penalties up to 



$10,000/day 



Violation is a criminal offense with fines to 



$2,500 and one year in jail 



Cease and desist orders 



Restoration orders 



Presentations to public interest groups, SCS, 



local communities, etc. 



Brochure 



Workshops 



Lack of inventory and designation of waterways 



under jurisdiction 



No quantitative measure of success. In 10 years 



experience, felt this was an excellent way of 



regulating. Better organized interagency network 



than other states 



EPA does all work by phone, never on-site (most 



Federal regulatory agencies have same problem) 



Play a role in policy review 



Funding 



EPA' s regulations should encourage states to 



provide funding for enforcement and 



administration 



Need local EPA presence 



No successful legal claim 



Current case is prodding legislative action 



Required for estuarine wetlands 



Possible for freshwater wetlands 



No mechanism for evaluation 



A request for EPA funding to examine cumulative 



impacts issue was denied 



49 



