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News release: ODA files final rules regarding agricultural drainage channel maintenance

The Oregon Department of Agriculture (ODA) has filed rules for Agricultural Drainage Channel Maintenance authorized by House Bill 2437 (2019). This new legislation authorized maintenance activities without a Removal-Fill permit from the Oregon Department of State Lands (DSL) in dry, traditionally maintained, agricultural drainage channels under certain circumstances. A new notice-based process has been developed and will be administered by the Oregon Department of Agriculture.

ODA is rolling out the program on a regional basis beginning with Washington, Yamhill, Polk, Marion, Benton, and Linn Counties. Through initial implementation of the program in these counties, ODA will be able to use adaptive management to improve the program and ensure environmental protections as ODA implements the program in the rest of the state.

For this year, landowners in eligible counties should download and submit the following forms to allow maintenance activities after the normal in-channel work deadline of August 31:

ODA worked closely with DSL and the Oregon Department of Fish and Wildlife (ODFW) to develop the rules. ODA also worked with a rules advisory committee made up of landowners and conservation interests to advise, review, and revise rules describing the process.

ODA also held a public comment period and two virtual public hearings to gather input on the proposed rules. The comment period was extended by 30 days and recently closed on July 30, 2020 to ensure an inclusive process. The hearings officer has prepared a report summarizing the comments received at the hearings. ODA wants to thank the public for participating and has worked closely with DSL and ODFW in evaluating how to address each comment.

To receive the latest developments about Agricultural Channel Maintenance, please sign up for email updates. By subscribing you will receive news about the process of implementation.

For more information please visit the ODA Agricultural Drainage Channel Maintenance webpage at https://oda.direct/AgChannelMaintenance

CONTACT: Email: agchannelmaintenance@oda.state.or.us Phone: 503-986-4700