Or. Admin. Code § 141-089-0790

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-089-0790 - Waterway Habitat Restoration - Authorized Activities

The following activities may be combined for a single project and the volume thresholds for each activity may be calculated separately:

(1) Barrier Removal. Barriers may be removed to reconnect waterway corridors, reestablish wetlands, restore natural channel and flow conditions, and assist fish and wildlife movement. The project must meet the following criteria:

(a) Removal is limited to artificially created barriers including, but not limited to culverts, dams, earthen embankments, spillway systems, tidegates, outfalls and pipes; and

(b) Cumulative removal-fill volume for this activity must not exceed 200 cubic yards.

(2) Grade Control. This activity includes construction of grade control structures to stabilize channel grade, reduce erosion, reconnect a waterway to the floodplain or reduce channel incision. The project must meet the following criteria:

(a) Grade control structures must be constructed of materials that mimic natural substrate found within the system;

(b) Grade control structures must be sized appropriately for the system to prevent creating a fish passage barrier or require annual maintenance; and

(c) The activity is limited to 100 cubic yards for every one-half mile of waterway, unless otherwise approved by the Department.

(3) Fish and Wildlife Passage. This activity includes installation or replacement of fish passage structures including, but not limited to vertical slot fishways, nature-like fishways and lamprey ramps to aid fish and/or wildlife passage. The project must meet the following criteria:

(a) Oregon Department of Fish and Wildlife (ODFW) must be notified;

(b) Passage structures must be designed to consider the velocity, depth, pool-length and jump-height preferences of native species;

(c) Passage structures must be sized appropriately for the system yet be stable; and

(d) The activity is limited to 100 cubic yards for every one-half mile of waterway, unless otherwise approved by the Department.

(4) Installation or Replacement of Fish Screening Structures. The project must meet the following criteria:

(a) Oregon Department of Fish and Wildlife (ODFW) must be notified;

(b) Screens must meet ODFW fish screen criteria; and

(c) Cumulative removal-fill for this activity must not exceed 100 cubic yards in waters of this state.

(5) Porous Weir. This activity includes the construction of a self-sustaining, low profile, structure. A porous weir delays but does not store water. It is used to redirect flow toward the center of the channel, provide energy dissipation and promote increased sedimentation along banks while allowing fish passage through a porous design. This activity includes, but is not limited to cross vanes and artificial riffles. The project must meet the following criteria:

(a) Porous weirs must be placed so scour pools occur in areas where pools would naturally form in a pool and riffle complex;

(b) Porous weirs must not result in culvert inlet or outlet scour;

(c) Porous weirs must be sized appropriately for the system so as not to require annual maintenance;

(d) Porous weirs must be constructed of materials that mimic natural substrate found within the system;

(e) The structure must not exceed 100 cubic yards and 40% of the channel cross-section width; and

(f) The activity is limited to 100 cubic yards for every one-half mile of waterway, unless otherwise approved by the Department.

(6) Side Channel and Alcove Habitat. This activity is limited to reconnecting existing side channel or alcove habitat, as follows:

(a) Cumulative removal-fill volume may not exceed 200 cubic yards unless otherwise approved by the Department;

(b) Reconnection consists only of the removal of artificial barriers; and

(c) The side channel or alcove being reconnected must be naturally formed and does not require alteration or reconstruction.

(7) Remove or Replace Existing Culverts and Tide Gates for Fish Passage. Tide gate and culvert replacement for fish passage through the installation of a larger culvert or for replacing the culvert with a bridge is allowed when:

(a) The new culvert or tidegate is not exempt ; and

(b) The project is consistent with ODFW Fish Passage Statutes, as evidenced in writing by an ODFW fisheries biologist.

Or. Admin. Code § 141-089-0790

DSL 2-2011, f. & cert. ef. 3-1-11; DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12; DSL 27-2018, minor correction filed 01/03/2018, effective 1/3/2018; DSL 2-2024, amend filed 05/31/2024, effective 7/1/2024

Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990

Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990