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Excerpts from the Oregon law. (Note: "jurisdictional wetlands" are considered part of the waters of Oregon under state or federal law. These include not only permanent bodies of water, but also seasonal wetlands and streams).
Fill: means the total of deposits by artificial
means equal to or exceeding 50 cubic yards [about 5 dump truck
loads] or more of material at one location in any waters of the
state.
Water resources: includes not only water itself
but also aquatic life and habitats therein and all other natural
resources in and under the waters of this state.
Waters of this state: means natural waterways including
all tidal and nontidal bays, intermittent streams, constantly
flowing streams, lakes, wetlands and other bodies of water in
this state, navigable and nonnavigable, including that portion
of the Pacific Ocean which is in the boundaries of this state…."
Wetlands: means those areas that are inundated or
saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life
in saturated soil conditions.
(1) The protection, conservation and best use of the water resources of this state are matters of the utmost public concern. Streams, lakes, bays, estuaries and other bodies of water in this state, including not only water and materials for domestic, agricultural and industrial use but also habitats and spawning areas for fish, avenues for transportation and sites for public recreation, are vital to the economy and well-being of this state and its people. Unregulated removal of material from the beds and banks of the waters of this state may create hazards to the health, safety and welfare of the people of this state. Unregulated filling in the waters of this state for any purpose, may result in interfering with or injuring public navigation, fishery an recreational uses of the waters….
(1) The Director of the Division of State Lands shall issue
a permit to remove material from the beds or banks of any waters
of this state applied for under ORS 196.815 if the director determines
that the removal described in the application will not be inconsistent
with the protection, conservation and best use of the water resources
of this state as specified in ORS 196.805.
(2) The director shall issue a permit applied for under ORS 196.815
for filling waters of this state if the director determines that
the proposed fill would not unreasonably interfere with the paramount
policy of this state to preserve the use of its waters for navigation,
fishing and public recreation
(3) In determining whether or not a permit shall be issued, the
director shall consider all of the following:
(a) The public need for the proposed fill and the social, economic
or other public benefits likely to result form the proposed fill.
When the applicant for a fill permit is a public body, the director
may accept and rely on the public body’s finding as to local
public need and local public benefit.
(b) The economic cost to the public if the proposed fill is not
accomplished.
(c) The availability of alternatives to the project for which
the fill is proposed.
(d) The availability of alternative sites for the proposed fill.
(e) Whether the proposed fill conforms to sound policies of conservation
and would not interfere with public health and safety.
(f) Whether the proposed fill is in conformance with existing
public uses of the waters and with uses designated for adjacent
land in an acknowledged comprehensive plan and zoning ordinances.
(g) Whether the proposed fill is compatible with the acknowledged
comprehensive plan and land use regulations for the area where
the proposed fill is to take place
(h) Whether the proposed fill is for streambank protection.