Removing or Filling Material

Work in wetlands and rivers, streams, lakes, or other waters usually requires a removal-fill permit. Oregon’s removal-fill law protects wetlands and waters by requiring a permit for most projects that add, remove, or move more than 50 cubic yards of material. Some protected areas require permits for activities that add or remove any amount of material.

Wetlands and waters provide numerous benefits to people, fish, and wildlife. Impacting these resources affects their health and reduces the benefits they provide. Following removal-fill laws and getting a permit before starting work protects your property, your neighbor’s property, and the health of the watershed.

When is a Permit Required?

Removal-fill permits are required for the following types of projects:

Projects that add, remove, or move more than 50 cubic yards of material in most wetlands or waters.
Projects that add, remove, or move any amount of material in streams designated as Essential Salmonid Habitat, Oregon State Scenic Waterways and adjacent lands within a quarter mile of the waterway, and designated mitigation sites.

Some common projects that usually require a removal-fill permit include:

Building docks or boat ramps.
Filling wetlands to build structures or develop property.
Installing culverts or bridges.
Adding rock to stabilize stream banks.
Projects that move materials in wetlands and waters, such as grading or dredging.

Not sure if your project needs a permit? Check in with a DSL aquatic resource coordinator for your county.

Steps to Applying for a Removal-Fill Permit

Step 1: Identify if there are waters or wetlands that may be impacted

DSL offers several resources that can help identify whether there may be a wetland, waterway or other waters on a given site. Resources include maps and inventories, as well as preliminary determinations by DSL staff as to whether these resources may be present. Learn more about identifying wetlands and waters.

If possible, design your project to avoid wetlands or waters, so you don’t need a permit.

Step 2: Do your pre-application research

Determine whether your project requires a permit from DSL or other regulatory agencies. Also, make sure your project can be approved by local planning departments. For complicated projects, you may want to hire a consultant or set up a pre-application meeting.

Certain projects may not require a removal-fill permit, including:

Work that maintains or reconstructs existing structures.
Projects that add, remove, or move less than 50 cubic yards of material (except those in essential salmonid habitat, state scenic waterways, or designated mitigation sites).
Habitat restoration projects
Some agricultural activities

There may be other exemptions available. Review chapter three of the DSL removal-fill guide for more information. Even if you think a project may be exempt, always contact a DSL aquatic resource coordinator first to make sure your project impacts are compliant with state law.

Connect with your local planning department to obtain any necessary project approvals. DSL will not permit a project without local approval.

Step 3: Apply for a removal-fill permit

There are different types of permits, based on anticipated project impacts. Please review the information below to identify which permit is most suitable for your project.

Once you are ready, complete and submit your removal-fill permit application and associated fees. Applications can be submitted online or by mail. Always make sure your application is complete. Applicants will be asked to fix and resubmit incomplete applications.

Updates to the General Authorizations: Effective July 1st

Important! New requirements and notice forms for general authorizations beginning July 1, 2024.

DSL recently conducted a rulemaking process to update OAR 141-089, the rules guiding how general authorizations are issued and enforced. The updated rules go into effect July 1, 2024, and an overview of the rule changes is available here.

Changes to the rules include:

Fish passage plan authorizations and fish screen approvals must be submitted with most general authorization notices. Most activities will now require advance coordination with the Oregon Department of Fish and Wildlife to obtain fish passage plan authorization or fish screen approval. These documents were previously required prior to starting the activity and now must be submitted with the notice to DSL. This change will ensure DSL is reviewing a general authorization notice for the final project design. You can find the ODFW contact by clicking on the map at this link: Fish Biologist District Boundaries
More activities will be eligible for a general authorization. Examples include maintaining in-water structures up to 10 cubic yards, some types of residential docks, some temporary impacts to waterways, and habitat improvement activities like placing beaver dam analogs in a waterway.
Removal of unused or duplicative general authorization types. General authorizations for certain transportation activities and removal of sediment behind tide gates will no longer be available. In most cases, these activities are either already exempt from removal-fill permit requirements or are covered under an alternative permit process.

Beginning July 1, 2024 you’ll need to use the new general authorization packet forms and general authorization checklist available below.

Guidance for General Authorizations

Projects with minimal anticipated impacts to wetlands or waters may be eligible for a general authorization. Projects that may qualify include:

Certain minimal disturbances within an essential salmonid habitat.
Placing or removing of less than five pilings within non-tidal essential salmonid habitat.
Temporarily placing or removing material in non-tidal wetlands.
Stabilizing eroding banks in non-tidal waters.
Certain transportation-related activities.
Removing and disposing of sediment behind tide gates and within hydraulically closed perimeters.
Restoring waterway habitat.
Restoring wetlands.
Non-motorized in-stream placer mining.

If your project doesn’t fall into one of these, you may need an individual permit. Contact the aquatic resource coordinator for your county.

General authorizations are not available for projects in State Scenic Waterways or mitigation sites.

Projects that qualify for a general authorization do not require functional assessments or mitigation. A wetland delineation may be required for some of the general authorization projects.

Forms to apply:
General authorization packet forms
General authorization checklist

These are the new forms that became effective July 1, 2024.

Forms that may be needed:
Check with the aquatic resource coordinator for your county

Incumbency certificate
Notification of exempt project
Request an extension on time needed to do in-water work
Permit transfer: individual or corporation

Resources:
Chapter five of the removal-fill guide

What to expect:
DSL may take up to 30 days to process a general authorization permit.

If you receive a general authorization, it is valid for that project for three years and cannot be renewed.

Projects with expected and predictable impacts to wetlands or waters may be eligible for a general permit. General permits can authorize single projects or groups of projects that are similar in nature.

Projects that may quality for general permits include:

Transportation-related structures, including roads, bridges, pedestrian paths, culverts, boat ramps, and airport runways and taxiways.
Removing or filling material in certain non-tidal wetlands.
Projects that impact vernal pools in Jackson County.
Removing material to maintain drainage and protect agricultural land (separate form on website).
Maintenance dredging to remove material from waterway and maintain ability to navigate waters.

Projects that qualify for a general permit may require a consultant to perform a functional assessment. Compensatory mitigation may also be required. Contact the aquatic resource coordinator for your county to determine if this is needed.

Forms to apply:
Joint permit application*
Joint permit application checklist
Compensatory mitigation eligibility worksheet

*Applicants may also need to submit the joint permit application form to DEQ and the U.S. Army Corps of Engineers. We recommend inquiring with those agencies to determine if that is needed.

Forms that may be needed:
Check with the aquatic resource coordinator for your county.

Incumbency certificate
General permit to maintain drainage protection of agricultural lands
Request an extension on time needed to do in-water work
Permit transfer: individual or corporation
Payment calculator for in-lieu fee mitigation

Resources:
Chapter five of the removal-fill guide

What to expect:
Once DSL receives the application, staff will review it for completeness within 15 days. Then, the public will be notified for a 15-day period and be given the opportunity to comment, followed by a final DSL review.

Projects with expected substantial impacts to wetlands or waters that do not quality for general permits or general authorizations may be eligible for an individual permit. Individual permit projects may be complicated or involve several instances of removing or filling material.

Projects that may quality for individual permits include:

Residential subdivisions.
Commercial development.
New culverts and roads.
Other infrastructure.

Projects that qualify for an individual permit often require a consultant to perform a functional assessment of the wetland or waters. These projects must avoid and minimize impacts to wetlands or waters. Mitigation will be required for unavoidable impacts to wetlands and waters.

Forms to apply:
Joint permit application*
Joint permit application checklist
Compensatory mitigation eligibility worksheet

*Applicants may also need to submit the joint permit application form to DEQ and the U.S. Army Corps of Engineers. We recommend inquiring with those agencies to determine if that is needed.

Forms that may be needed:
Check with the aquatic resource coordinator for your county

Incumbency certificate
General permit to maintain drainage protection of agricultural lands
Request an extension on time needed to do in-water work
Permit transfer: individual or corporation
Deed restriction for avoided wetlands
Mitigation guarantee agreement
Mitigation assignment of deposit
Mitigation irrevocable letter of credit
Mitigation surety bond form
Mitigation monitoring – report template
Mitigation plan checklist
Mitigation site deed restriction (DSL/COE)
Mitigation site deed restriction (DSL only)
Payment calculator for in-lieu fee mitigation

Resources:
Chapter five of the removal-fill guide

What to expect:
DSL staff will review completed applications within 30 days of receipt. Then, the public will be notified and given the opportunity to comment during an additional 30-day period. Following this, DSL will give the application a final review.

Emergency permits are for immediate work needed to present irreparable harm to people or property during emergencies and disasters, like flooding or wildfires. It’s important to know that emergency permits approve only the work necessary to immediately address the hazard. If a long-term solution is needed, a removal-fill permit will likely be required.

Obtaining an emergency permit
1. Gather basic information about the location of the property, nature and cause of the event, the condition of the wetlands or waters impacted, and what you plan to do to alleviate the immediate threat. Document the hazard and area where you’ll be working with photos.

2. Contact DSL. During business hours, call: 503-986-5200 (west of Cascades) or 541-388-6112 (east of Cascades). After business hours, contact Oregon Emergency Response: 1-800-452-0311.

3. Submit the emergency permit application materials, as directed by your DSL contact. DSL may visit the site or ask another designated agency to do so.

4. If needed work qualifies for an emergency permit, DSL will issue a written permit. When necessary to protect immediate threats to public health, safety, or property, DSL may issue a verbal approval.

Forms to apply:
Emergency permit application

Forms that may be needed:
Check with the aquatic resource coordinator for your county

Request an extension on time needed to do in-water work (this form is only required when an extension is needed.)

Resources:
Chapter 7 of the removal-fill guide

What to expect:
After completion of the emergency work, DSL staff may visit the site. Staff may require modifications to the project or mitigation to compensate for impacts to wetlands or waters.

Learn more:
Working in waters and wetlands during emergencies.

A permit is required for non-motorized placer mining within streams designated as essential salmonid habitat,.

Before applying for a permit, confirm you are allowed to mine in your planned area. Certain rivers are closed to recreational mining.

Forms to apply:
To remove less than 25 cubic yards of material from within essential salmonid habitat waterways, complete the following application:
Non-motorized placer mining application

For activities that seek to remove more material, will use a large suction hose, or want to remove material within the state scenic waterway, submit the following forms:
Joint permit application*

*Applicants may also need to submit the joint permit application form to DEQ and the U.S. Army Corps of Engineers. We recommend inquiring with those agencies to determine if that is needed.