Wetland Fill & Removal Permits
The State of Oregon Department of State Lands (DSL), US Army Corps of Engineers, and US Environmental Protection Agency are the primary regulatory agencies in Oregon that administer wetland fill and removal activities. Wetland Fill &Removal activities are regulated through a Joint Permit Application (JPA) program in accordance with 1) Division 85 of Oregon Administrative Rules that govern the issuance and enforcement of removal and fill authorizations within waters of Oregon including wetlands (OAR 141-085-0010 to 141-085-0660), as well as 2) the Clean Water Act (33 United States Code Part 1344) and the Rivers and Harbors Act of 1899 (33 United States Code Part 403), as administered by the US Army Corps of Engineers (33 CFR Parts 320 - 336) and/or the US Environmental Protection Agency (40 CFR Parts 230 and 232).
Mitigation reduces the impact of a land use change by replacing valued natural landscapes, such as wetlands, somewhere else in the watershed. When impacts to wetlands and waterways are unavoidable, wetland substitution, or replacement, is required by State and Federal Law and often provides a sound solution for the need to preserve wetland habitats.
Before considering mitigation, State and Federal Law require first looking into evaluating how wetland impacts can be avoided. If impacts cannot be practically avoided, the next step is to look at ways to minimize “unavoidable” impacts.
Only after evaluation of impact avoidance and minimization can investigation into types of wetland mitigation be initiated.
Compensatory mitigation is required as a condition of any Federal and State permit to place fill or excavate in a wetland. Impacts to identified jurisdictional wetlands are regulated by the Oregon Department of State Lands (DSL) (OAR 141-85-0115 to 0176 and OAR 141-85-240 to 266) and Federal conditions regulated by the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency (EPA) (33 CFR 320-330 and 40 CFR 230).