Title 196 · ORS Chapter 196

shall apply to the approved estuary management plan. [1989 c.837 �14;

Citation: ORS 196.684

Section: 196.684

196.684 shall apply to the approved estuary management plan. [1989 c.837 �14; 2007 c.849 �13; 2009 c.343 �17; 2011 c.370 �5]

����� 196.687 Regulation of alteration or fill of artificially created wetlands. (1) Notwithstanding the provisions of ORS 196.600 to 196.921, state or local governments shall not prohibit or restrict the alteration or fill of wetland areas up to one acre in size that have been artificially created from upland for the purpose of controlling, storing or maintaining storm water.

����� (2) An area that was developed as a storm water detention or retention facility as a condition of a development approval shall not be altered or filled without acceptance by the approving authority of a plan to mitigate the loss of functional capabilities of the detention or retention facility.

����� (3) Until a local government adopts an ordinance to conform its comprehensive plan and land use regulations to the provisions of this section, the provisions of subsection (1) of this section shall apply directly to proposed activities in wetland areas. Any portion of a goal, rule, comprehensive plan, land use regulation or ordinance not in conformance with the provisions of this section on September 9, 1995:

����� (a) Shall not be implemented or enforced; and

����� (b) Has no legal effect.

����� (4) The provisions of this section do not apply to land used to mitigate the loss of wetlands.

����� (5) If the Department of State Lands assumes responsibility under 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act, ORS 196.600 to 196.921 shall apply to artificially created wetlands described in subsections (1) and (2) of this section. [1995 c.482 �1]

����� Note: 196.687 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 196.688 Public information program. (1) The Department of State Lands shall develop a public information 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 Statewide Wetlands Inventory.

����� (d) Wetland regulation.

����� (2) Upon request, the department 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. [1989 c.837 �20]

����� 196.690 [Formerly 541.622; renumbered