196.806, when submitting a wetland delineation report under subsection (1) of this section. ����� (3) The department shall: ����� (a) Review the wetland delineation report submitted under subsection

196.806, when submitting a wetland delineation report under subsection (1) of this section.

����� (3) The department shall:

����� (a) Review the wetland delineation report submitted under subsection (1) of this section no more than 120 days after the date on which the person or governmental body submits the report; and

����� (b) Give priority to the review of a wetland delineation report that is submitted with or in advance of an application for a permit required under ORS 196.810 if the permit would authorize activities on the land parcel that is the subject of the wetland delineation report.

����� (4) All determinations made by the department under subsection (1)(a) and (b) of this section:

����� (a) Must be made by a person with expertise in wetlands hydrology, soil and vegetation; and

����� (b) Expire five years after the date on which a final determination is made.

����� (5) Five years after the date on which a final determination has been made under subsection (1)(a) or (b) of this section, if the owner of the land parcel that is the subject of the determination is conducting activities that require a permit under ORS 196.810, the landowner shall conduct a review of the land parcel. If the baseline conditions leading to the final determination have sufficiently changed to require a new determination, then the landowner shall submit a new wetland delineation report under subsection (1) of this section. If the baseline conditions leading to the final determination have not sufficiently changed to require a new determination, then the final determination of the department, notwithstanding subsection (4)(b) of this section, may be extended by five years, after payment of the applicable fee established by the director by rule under ORS 196.806.

����� (6) The department may waive or suspend the requirements of this section for the purpose of issuing an emergency authorization under ORS 196.810.

����� (7) Delineations made pursuant to this section, and determinations made under this section, must comport with:

����� (a) The United States Army Corps of Engineers Wetlands Delineation Manual of 1987; and

����� (b) Any subsequent federal supplements to the manual or applicable guidance documents issued by the United States Army Corps of Engineers, including guidance documents for the area in which a delineation will take place, as adopted by rule of the Director of the Department of State Lands. Such rules must comply with those federal supplements and guidance documents.

����� (8) Fees received under this section shall be credited to the Common School Fund for use by the department in administration of ORS 196.600 to 196.921. [2007 c.850 �2; 2012 c.108 �5; 2019 c.57 �10; 2023 c.403 �9]

����� 196.820 Prohibition against issuance of permits to fill Smith Lake or Bybee Lake; exception. (1) Notwithstanding any provision of ORS 196.600 to 196.921 to the contrary, except as provided in subsection (2) of this section, the Director of the Department of State Lands shall not issue any permit to fill Smith Lake or Bybee Lake, located in Multnomah County, below the contour line which lies 11 feet above mean sea level as determined by the 1947 adjusted United States Coastal Geodetic Survey Datum.

����� (2) The Director of the Department of State Lands may issue a permit to fill Smith Lake or Bybee Lake, located in Multnomah County, if such fill is to enhance or maintain fish and wildlife habitat or support recreational use or public access at or near Smith Lake or Bybee Lake. A fill shall be considered to be for the purpose of enhancing or maintaining fish and wildlife habitat if the proposed fill is approved by the State Department of Fish and Wildlife. [Formerly 541.622 and then 196.690; 2016 c.84 �9]

����� 196.825 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