Oregon's removal-fill law, enacted in 1967 and administered by the Oregon Department of State Lands (DSL), requires people who plan to fill, remove or alter materials in waters of the state to obtain a permit from DSL.
The law was passed to protect and conserve water resources for public navigation, fisheries, commerce and recreation; minimize flooding; improve water quality; provide fish and wildlife habitat; and ensure that activities of one landowner don't adversely affect another.
Waterways affected by the law include:
Natural waterways including bays and estuaries.
Constantly flowing streams; some intermittent streams.
Wetlands, lakes and other bodies of water.
The Pacific Ocean within three miles of shore.
Certain ditches, artificially created wetlands, ponds and channels.
When a project is located in a waterway designated as Essential Salmon Habitat or in any State Scenic Waterway, the removal or fill of any amount of material requires a permit. In all other waters of the state, projects removing or filling more than 50 cubic yards of material require a permit.
DSL resource coordinators, who are assigned to counties, can provide more information on Oregon's removal-fill law, and help you determine if your project requires a permit. They also can discuss mitigation options, and refer you to other resources, including consultants that routinely prepare permit applications on behalf of property owners.
Click here for more information on the removal-fill permit process.
