468.055, 468.110, 468.120, 468B.005 to 468B.030 and 468B.048 to 468B.085 to the extent they affect water quality. ����� (10)(a) Any public body, as defined in ORS 174.109, federal agency or tribal go

468.055, 468.110, 468.120, 468B.005 to 468B.030 and 468B.048 to 468B.085 to the extent they affect water quality.

����� (10)(a) Any public body, as defined in ORS 174.109, federal agency or tribal government requested by the director to comment on an application for a permit must submit its comments to the director not more than 30 days after receiving the request for comment. If a public body, federal agency or tribal government fails to comment on the application within 30 days, the director shall assume that the public body, federal agency or tribal government has no objection.

����� (b) The Department of Environmental Quality shall provide comments to the director within 75 days after receiving notice under subsection (5) of this section if the permit action requires certification under the Federal Water Pollution Control Act (P.L. 92-500), as amended.

����� (11) In determining whether to issue a permit, the director may consider only standards and criteria in effect on the date the director receives the completed application.

����� (12) As used in this section:

����� (a) �Applicant� means a landowner, a person authorized by a landowner to conduct a removal or fill activity or a person that proposes a removal or fill activity for construction or maintenance of a linear facility.

����� (b) �Completed application� means a signed permit application form that contains all necessary information for the director to determine whether to issue a permit, including:

����� (A) A map showing the project site with sufficient accuracy to easily locate the removal or fill site;

����� (B) A project plan showing the project site and proposed alterations;

����� (C) The fee required under ORS 196.815;

����� (D) Any changes that may be made to the hydraulic characteristics of waters of this state and a plan to minimize or avoid any adverse effects of those changes;

����� (E) If the project may cause substantial adverse effects on aquatic life or aquatic habitat within this state, documentation of existing conditions and resources and identification of the potential impact if the project is completed;

����� (F) An analysis of alternatives that evaluates practicable methods to minimize and avoid impacts to waters of this state;

����� (G) If the project is to fill or remove material from wetlands, a wetlands mitigation plan; and

����� (H) Any other information that the director deems pertinent and necessary to make an informed decision on whether the application complies with the policy and standards set forth in this section.

����� (c) �Linear facility� includes any railway, highway, road, pipeline, water or sewer line, communication line, overhead or underground electrical transmission or distribution line or similar facility. [Formerly 541.625 and then 196.695; 1991 c.735 �25; 1993 c.741 �18; 1995 c.370 �1; 1995 c.472 �1; 2001 c.460 �2; 2001 c.516 �3; 2003 c.253 ��9,10; 2003 c.738 ��17a,18a; 2007 c.849 ��4,5; 2009 c.342 �2; 2009 c.343 �20; 2011 c.370 �1; 2015 c.386 �13]

����� 196.830 Estuarine resource replacement as condition for fill or removal from estuary; considerations; other permit conditions. (1) As used in this section, �estuarine resource replacement� means the creation, restoration or enhancement of an estuarine area to maintain the functional characteristics and processes of the estuary, such as its natural biological productivity, habitats and species diversity, unique features and water quality.

����� (2) Except as provided in subsection (4) of this section, the Director of the Department of State Lands shall require estuarine resource replacement as a condition of any permit for filling or removal of material from an intertidal or tidal marsh area of an estuary.

����� (3) If the director requires estuarine resource replacement, the director shall consider:

����� (a) The identified adverse impacts of the proposed activity;

����� (b) The availability of areas in which replacement activities could be performed;

����� (c) The provisions of land use plans for the area adjacent to or surrounding the area of the proposed activity;

����� (d) The recommendations of any interested or affected state or local agencies; and

����� (e) The extent of compensating activity inherent in the proposed activity.

����� (4) Notwithstanding any provisions of this chapter and ORS chapters 195, 197 and 197A or the statewide planning goals adopted thereunder to the contrary, the director may:

����� (a) Waive estuarine resource replacement in part for an activity for which replacement would otherwise be required if, after consultation with appropriate state and local agencies the director determines that:

����� (A) There is no alternative manner in which to accomplish the purpose of the project;

����� (B) There is no feasible manner in which estuarine resource replacement could be accomplished;

����� (C) The economic and public need for the project and the economic and public benefits resulting from the project clearly outweigh the potential degradation of the estuary;

����� (D) The project is for a public use; and

����� (E) The project is water dependent or the project is publicly owned and water related; or

����� (b) Waive estuarine resource replacement wholly or in part for an activity for which replacement would otherwise be required if the activity is:

����� (A) Filling for repair and maintenance of existing functional dikes and negligible physical or biological damage to the tidal marsh or intertidal areas of the estuary will result;

����� (B) Riprap to allow protection of an existing bankline with clean, durable erosion resistant material when a need for riprap protection is demonstrated that cannot be met with natural vegetation and no appreciable increase in existing upland will occur;

����� (C) Filling for repair and maintenance of existing roads and negligible physical or biological damage to the tidal marsh or intertidal areas of the estuary will result;

����� (D) Dredging for authorized navigation channels, jetty or navigational aid installation, repair or maintenance conducted by or under contract with the Army Corps of Engineers;

����� (E) Dredging or filling required as part of an estuarine resource restoration or enhancement project agreed to by local, state and federal agencies; or

����� (F) A proposed alteration that would have negligible adverse physical or biological impact on estuarine resources.

����� (5) Nothing in this section is intended to limit the authority of the director to impose conditions on a permit under ORS 196.825. [Formerly 541.626 and then 196.700; 2005 c.22 �136]

����� 196.835 Hearing regarding issuance of permit; procedure; appeals; suspension of permit pending appeal. Any person aggrieved or adversely affected by the grant of a permit by the Director of the Department of State Lands may file a written request for hearing with the director within 21 days after the date the permit was granted. If the director finds that the person making the written request has a legally protected interest which is adversely affected by the grant of the permit, the director shall set the matter down for hearing within 30 days after receipt of the request. The hearing shall be conducted as a contested case in accordance with ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. The permittee shall be a party to the proceeding. Within 45 days of the hearing the director shall enter an order containing findings of fact and conclusions of law. The order shall rescind, affirm or modify the director�s original order. Appeals from the director�s final order may be taken to the Court of Appeals in the manner provided by ORS 183.482. A permit to fill granted by the director may be suspended by the director during the pendency of the proceedings before the director and any appeal. The director shall not suspend the permit unless the person aggrieved or adversely affected by grant of permit makes a showing before the director by clear and convincing evidence that commencement or continuation of the fill would cause irremediable damage and would be inconsistent with ORS 196.600 to 196.921. [Formerly 541.627 and then 196.705; 2003 c.738 �19]

����� 196.840 [Formerly 541.630 and then