and then 196.675; 2003 c.738 �16; 2012 c.108 �7]

541.610 and then 196.675; 2003 c.738 �16; 2012 c.108 �7]

����� 196.806 Adoption of fees by rule. (1) In accordance with ORS chapter 183, the Director of the Department of State Lands shall adopt rules to establish fees for:

����� (a) Applications for, and renewal of, removal or fill permits required under ORS 196.810;

����� (b) The review of wetland delineation reports under ORS 196.818; or

����� (c) General authorizations under ORS 196.850.

����� (2)(a) In establishing fees under subsection (1) of this section, the director shall evaluate the impact of fully recovering, through fees, the costs to the Department of State Lands of administering the removal and fill program provided for under ORS 196.600 to 196.921.

����� (b) The director shall establish project tiers for fees established under subsection (1)(a) of this section. In establishing project tiers, the director shall consider the administrative costs to the department, and the impacts on the waters of this state, associated with different project types.

����� (c) The director shall establish project tiers for fees established under subsection (1)(b) of this section. In establishing project tiers, the director shall consider the administrative costs to the department associated with the review of wetland delineation reports for land parcels of different sizes.

����� (d) A fee established under subsection (1)(c) of this section for a general authorization shall be based on the cost of processing the general authorization. [2023 c.403 �4]

����� Note: 196.806 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.

����� 196.810 Permit for removal of material from or fill of waters; rules. (1)(a) Except as otherwise specifically permitted under ORS 196.600 to 196.921, a person may not remove any material from the beds or banks of any waters of this state or fill any waters of this state without a permit issued under authority of the Director of the Department of State Lands, or in a manner contrary to the conditions set out in the permit, or in a manner contrary to the conditions set out in an order approving a wetland conservation plan.

����� (b) Notwithstanding the permit requirements of this section and notwithstanding the provisions of ORS 196.800 (3) and (13), if any removal or fill activity is proposed in essential indigenous anadromous salmonid habitat, except for those activities customarily associated with agriculture, a permit is required. �Essential indigenous anadromous salmonid habitat� as defined under this section shall be further defined and designated by rule by the Department of State Lands in consultation with the State Department of Fish and Wildlife and in consultation with other affected parties.

����� (c) A person is not required to obtain a permit under paragraph (b) of this subsection for prospecting or other nonmotorized activities resulting in the removal from or fill of less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material within a designated essential indigenous anadromous salmonid habitat segment in a single year. Prospecting or other nonmotorized activities may be conducted only within the bed or wet perimeter of the waterway and may not occur at any site where fish eggs are present. Removal or filling activities customarily associated with mining require a permit under paragraph (b) of this subsection.

����� (d) A permit is not required under paragraph (b) of this subsection for construction or maintenance of fish passage and fish screening structures that are constructed, operated or maintained under ORS 498.306, 498.316, 498.326 or 509.600 to