PNW 98 Session - Full Abstracts
Full Abstract
1) Contact Author: Eric D. Metz
2) Institution:Oregon Division of State Lands
3) Mailing Address: 775 Summer Street NE, Salem, OR 97310-1337
4) Phone #:(503) 378-3805, ext. 266
5) Email: eric.metz@dsl.state.or.us
6) Presenter: Eric D. Metz
7) Paper or Poster: paper
8) Equipment needs other than standard slide and overhead projector: None.
9) Contributed session 1st choice:Regulatory
10) Contributed session 2nd choice:Regulatory
11) Do you want your oral or poster presentation judged for a student award (yes or no)?: No
12) Would you like to be a judge for Student Awards (yes or no)?:No
13) Keywords:regulatory, streamlining, permitting
14) Authors:
ERIC D. METZ (1)
David L. Kurkoski (2)
15) Affiliation/institution:
(1) Oregon Division of State Lands
(2) U.S. Army Corps of Engineers, Portland District
16) Abstract Title:
Recent Experiences with Attempting to Streamline and Improve the State and Federal Permitting Programs for Wetlands and Waterways in Oregon
17) Abstract Text:
For the past two years (1995-97) and continuing to present, the Oregon Division of State Lands (Division) has been studying ways to reduce or eliminate redundant state and federal wetland/waterway permitting while enhancing resource protection. The Division administers a Remval-Fill permitting program that is equivalent to the federal Section 404/10 dredge and fill program administered by the U.S. Army Corps of Engineers . In Oregon, applicants are often required to obtain a permit both from the Division and the U.S. Army Corps of Engineers, Portland District (Corps) for the same project. Each agency uses substantially the same standards of review and imposes identical project conditions/mitigation requirements. This practice was not a significant problem when the state and federal regulatory programs were substantially different, but over the years the two programs have each improved and are now functionally equivalent. This renders the state/federal permit process redundant. However, not all stakeholders consider this redundancy to be undesireable. Environmental groups and some agencies believe that redundancy is desireable as it provides built in "safeguards" for environmental protection. The state's position has been that this redundancy is counterproductive, as it encumbers applicants with extra costs and time delays, and consumes agency staff resources that could be better spent on monitoring and enforcement. In designing a "streamlined" regulatory program, the state has been working in partnership with the Corps and the U.S. Environmental Protection Agency. The Division has been delicately balancing streamlining objectives without causing any real or perceived weakening in environmental protection. Leaving unnecessary bureaucracy and paperwork in the "streamlined" program is self-defeating. The state has determined that 404 assumption is not feasible or attractive due to political opposition at the state level and the lack of federal funding for implementation. Currently the status of the state's streamlining program is that the Corps has released a Public Notice for a State Program General Permit (SPGP) for a two county area in Oregon (Douglas and Linn) as a pilot study. The public comment period closes February 23, 1998. Major obstacles to success include institutional resistance to change and fear of the unknown. Major potentials for improving the process include simplified "one stop shopping" for permits at the state level, completing informal Section 7 Endangered Species Act consultation at the state level, and enhanced resource protection by spending more staff time in the field and less behind a desk.
18) Comments/Requests:
No special comments or requests.