Oregon Department of Fish & Wildlife (ODFW) Permit

• Agriculture and Irrigation: Farmers and irrigation districts often need ODFW approval when building diversion dams or pumping from rivers, as these can obstruct fish. If an agricultural dam is constructed to impound water, state law compels the owner to provide fish passage or seek a waiver with ODFW if passage is impracticable. Likewise, large irrigation intakes must have fish screens approved by ODFW’s Fish Screening Program to prevent fish from being drawn into canals.
• Real Estate Development: Land developers may encounter ODFW requirements if a property contains streams, wetlands, or known wildlife habitat. A subdivision that plans to culvert a creek or alter a stream channel will need to ensure fish passage through any new culverts meets ODFW criteria. Developers also consult ODFW when endangered or sensitive species are present on-site.
• Construction & Infrastructure: Transportation and civil construction projects often require ODFW consultation when they involve culverts, bridges, or causeways over fish-bearing streams. ODFW reviews designs to ensure culverts are fish-friendly and will often impose in-water work timing windows to protect fish spawning seasons. Flood control or drainage projects must also address fish passage and may require an ODFW fish passage approval.
• Energy and Utilities: Energy facilities that use or affect natural streams must comply with ODFW regulations. Hydroelectric dams are required to have fish ladders or other passage facilities. Even smaller renewable projects, such as micro-hydro installations or geothermal projects that alter stream flow, trigger fish passage laws. Utilities installing pipelines or cables under streams must also ensure they maintain fish passage during construction.
• Manufacturing and Industrial Development: Industrial projects located near rivers or wetlands may require ODFW review. Cooling water intake structures built in rivers must be reviewed for fish entrainment risks. Facilities with large ponds or treatment lagoons may need wildlife exclusion or escape features developed in consultation with ODFW.
• Public Infrastructure & Environmental Restoration: Public agencies undertaking stream or wetland restoration projects must go through ODFW’s permitting process. Projects such as engineered log jams or beaver dam analogues must ensure they do not inadvertently block fish movement. Additionally, when cities replace old culverts or remove dams to improve fish passage, they coordinate with ODFW on design and approval.

Even when ODFW is not the primary permitting agency, its requirements often attach to permits from other agencies. Any industry working around Oregon’s waterways or natural habitats will likely need to coordinate with ODFW to ensure fish and wildlife protections are built into their project.

ODFW-related permit requirements mean that projects must integrate wildlife conservation measures into their design and execution. One common application is planning for fish passage. If a company’s project will create a barrier in a stream, it must budget and design for fish passage facilities, such as a fish ladder or bypass pipe, that meet ODFW’s criteria. The business will need to submit detailed fish passage plans for approval, often as a prerequisite to obtaining other permits.

Compliance with ODFW regulations extends into the construction phase. Businesses must follow any ODFW-imposed conditions aimed at protecting wildlife. These may include fish salvage operations before dewatering a work area, installing temporary bypass channels, and scheduling in-water work only during approved periods. For projects near sensitive habitats, ODFW may also require on-site biological monitors.

The legal implications of non-compliance with ODFW requirements can be significant. If a company installs a culvert or dam without providing required fish passage, ODFW has the authority to enforce modifications or removal. Failure to follow habitat mitigation recommendations could also jeopardize other permits. Additionally, projects that harm fish or wildlife could lead to lawsuits, public backlash, or funding losses.

On the positive side, compliance with ODFW guidelines can yield operational benefits. Properly designed culverts that accommodate fish also handle floods better, and site plans that preserve habitat may enhance the development’s value as a green space. Businesses that work proactively with ODFW demonstrate environmental stewardship and reduce regulatory risks.

Engaging an expert in ODFW-related permits is crucial for efficiently meeting wildlife regulations. Professionals like Scott Fein, CWRE, CFEDS, have a deep understanding of Oregon’s fish and wildlife requirements and know how to integrate them into project planning. Hiring such an expert early can save time and money by identifying potential ODFW triggers upfront and strategizing design solutions that satisfy both regulatory and business needs.

ODFW encourages early engagement in the permitting process to speed up approvals. An experienced consultant can facilitate early dialogue with ODFW officials to incorporate their input into project planning, reducing the likelihood of delays or redesigns.

Experts familiar with ODFW regulations can prepare technical documentation such as fish passage plans and biological assessments, ensuring that applications meet agency standards. Their experience helps translate regulatory requirements into practical design modifications. Additionally, during implementation, they assist businesses in maintaining compliance by training construction teams on wildlife protocols and coordinating with ODFW to resolve unexpected issues.

Ultimately, hiring an expert like Scott Fein gives businesses confidence that they are meeting ODFW’s requirements while keeping projects on track. Their expertise not only avoids the risks of non-compliance but also contributes to environmentally responsible and sustainable project outcomes.