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1. “…any person intending to acquire the right to the beneficial use of any of the surface waters of this state <br />shall, before beginning construction, enlargement or extension of any ditch, canal or other distributing or <br />controlling works, or performing any work in connection with the construction, or proposed <br />appropriation, make an application to the Water Resources Department for a permit to make the <br />appropriation.” <br /> <br /> 2. “…a person may not use, store or divert any waters until after the department issues a permit to <br />appropriate the waters.” <br /> <br /> The proposal does not qualify for any of the exemptions contained in ORS 537, as this type of storage requires a <br /> permit from OWRD. Based on this information and letters from DEQ, the property is in violation of multiple <br /> Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR). A phone call with OWRD on <br /> September 24, 2025, confirmed that the violations are still active and no permit applications have been received <br /> yet. <br /> <br /> MCC 17.110.680 Administration of the title provides: <br /> <br /> No permit for the use of land or structures or for the alteration or construction of any structure shall be issued <br /> and no land use approval shall be granted if the land for which the permit or approval is sought is being used in <br /> violation of any condition of approval of any land use action, is in violation of local, state or federal law, except <br /> federal laws related to marijuana, or is being used or has been divided in violation of the provisions of this title, <br /> unless issuance of the permit or land use approval would correct the violation. <br /> <br /> If Marion County were to approve the use as a farm use, it would not correct the violations mentioned above and <br /> the property would still be in violation of multiple ORS, OAR and MCC 17.110.680. Due the this, the permit <br /> cannot be approved and must be denied. <br /> <br />9. Based on the above findings, it has been determined that placement of fill from hydraulic vacuum extraction is <br />not a farm use and is not permitted on the subject property and approving such a use would not remedy the <br />parcel of its violations of ORS and OAR. <br /> <br /> <br />Brandon Reich Date: September 25th, 2025 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision, contact Austin Barnes at (503) 588-5038. <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser.