Oregon Department of State Lands Permit

The DSL Removal-Fill Permit is designed to protect Oregon’s water resources – including wetlands, streams, rivers, and lakes – from uncontrolled alteration. Oregon’s removal-fill law requires DSL to issue permits for most projects that place or remove material in state waters, in order to conserve, restore, and maintain the health of Oregon’s waters.

By regulating activities like dredging, filling, or excavation, the permit prevents habitat loss, water pollution, and flooding issues. Compliance with the permit ensures environmental benefits: it preserves the natural flood control and water purification functions of wetlands and safeguards habitat for fish and wildlife. In fact, following removal-fill laws and obtaining a permit before starting work protects both the watershed’s health and the property of landowners, avoiding downstream erosion or damage that could result from unpermitted alterations.

• Agriculture: Farmers and ranchers may need this permit when digging irrigation ditches, building ponds or levees, or draining wetlands for crop production. Constructing or altering water diversions on farmland often adds or removes material in streams or wetlands, triggering permit requirements.
• Real Estate Development: Land developers must secure a removal-fill permit if a project will fill wetlands or waterways to create buildable land. Subdivisions, shopping centers, or housing projects in low-lying areas often involve grading land and filling marshy spots; these actions are regulated to ensure no net loss of wetlands.
• Construction & Infrastructure: General contractors and public agencies need DSL permits for roads, bridges, and utility infrastructure that cross water bodies. Common examples include installing culverts or bridge footings in a stream, dredging a channel, or adding rock for bank stabilization.
• Energy Sector: Energy projects must obtain the permit when they impact waterways, such as hydroelectric dams, wind or solar farms requiring new access roads through wetlands, or pipeline and transmission line projects crossing rivers. These projects often involve trenching or filling near water and thus fall under DSL’s jurisdiction.
• Manufacturing & Industrial: Industrial facilities may need a removal-fill permit when building on greenfield sites that contain wetlands or when expanding facilities into new terrain. A factory complex that requires filling low-lying land or dredging a barge canal for shipping must be permitted to mitigate environmental impacts.
• Public Infrastructure & Government Projects: Cities, counties, and state agencies routinely obtain DSL permits for public works. This includes highway expansions, airport runways on reclaimed land, water treatment lagoons, or flood control projects in rivers. Any public infrastructure project that moves significant earth in a waterway or wetland – even for beneficial purposes like habitat restoration – generally must be reviewed and permitted by DSL.

Notably, Oregon’s law applies regardless of who is doing the work; any entity or industry moving more than 50 cubic yards of material in waters of the state (or any amount in specially protected waters) must obtain a DSL permit. This broad applicability means a wide range of business sectors incorporate the removal-fill permitting process into their project planning.

For businesses, the DSL Removal-Fill Permit directly integrates environmental compliance into project operations and timelines. Before breaking ground, companies must evaluate whether wetlands or waterways are present on site. This often involves hiring a wetland delineation specialist and submitting those findings to DSL. If a permit is needed, the business must prepare a thorough application including project drawings, an impact analysis, and a plan to avoid or minimize damage to aquatic resources. DSL coordinates with federal agencies so that one joint application can cover both state and federal requirements.

During construction, permit compliance becomes an operational priority. Businesses must adhere to any conditions DSL places on the project – for example, working only during certain in-water work windows to protect fish, or implementing erosion controls. They may also need to perform compensatory mitigation, such as restoring or creating wetlands elsewhere to offset those filled on the project site. Following these requirements can actually benefit the project by preventing future problems; for instance, properly designed mitigation can enhance flood storage, and timing restrictions help avoid project delays due to environmental incidents (such as fish kills or water quality violations).

Failure to obtain or comply with a removal-fill permit carries serious legal and financial risks. Unpermitted removal or fill is a violation of state law – in fact, knowingly filling or dredging Oregon waters without a permit is a misdemeanor offense. The Department of State Lands has authority to halt the project and require restoration of the affected area, which can be extremely costly to the business. Additionally, Oregon law provides for heavy penalties: an offender may be fined up to $10,000 per day of violation for each day of illegal fill activity. Enforcement actions can also include civil penalties and orders to remove any unpermitted fill. Beyond government penalties, a company could face project delays, cancellation of loans or funding, and damage to its public reputation if it bypasses environmental permitting.

Given the complexity of removal-fill regulations and the technical nature of permit submissions, hiring an experienced professional is invaluable for navigating the DSL permit process. Oregon DSL itself advises that for complicated projects, applicants may want to hire a consultant to assist with permitting.

A qualified expert like Scott Fein – a Certified Water Rights Examiner and Certified Federal Surveyor (CFEDS) – brings specialized knowledge that can streamline approval and protect the business’s interests. Such a professional understands the intricacies of delineating wetlands and ordinary high water lines, which is crucial in determining if DSL jurisdiction even applies. They can accurately survey and map water boundaries and prepare the necessary documentation to DSL’s standards.

With years of experience, a consultant like Scott Fein knows how to craft permit applications that meet regulatory requirements and anticipate agency concerns. This includes designing project modifications or mitigation plans to reduce environmental impact, thus increasing the likelihood of a speedy approval. An expert will coordinate between DSL, the Army Corps, and other agencies on behalf of the business, ensuring all conditions are addressed upfront rather than causing surprise delays.

Ultimately, engaging a seasoned professional gives companies confidence that they are following the law to the letter and that their project’s environmental compliance is being managed proactively. The investment in expert guidance often pays for itself by avoiding permit denials, enforcement penalties, or project reworks, keeping the development on schedule and in good standing with Oregon’s environmental regulations.