Or. Admin. R. 629-625-0320 - Water Crossing Structures
(1) Operators shall design and construct all water crossing structures in
all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries,
marshes, wetlands, inlets, and canals to:
(a) Minimize excavation of side
slopes near the channel.
(b) Minimize the volume of material in
the fill.
(A) Operators shall minimize fill material by restricting the
width and height of the fill to the amount needed for safe use of the road by vehicles, and by providing
adequate cover over the culvert or other drainage structure.
(B)
Fills over 15 feet deep contain a large volume of material that can be a considerable risk to downstream
beneficial uses if the material moves downstream by water. Consequently, for any fill over 15 feet deep
operators shall submit to the State Forester a written plan that describes the fill and drainage structure
design. Written plans shall include a design that minimizes the likelihood of:
(i) Surface erosion;
(ii)
Embankment failure; and
(iii) Downstream movement of fill
material.
(C) The operator shall armor fills against
erosion where large fills over 15 feet deep are determined to be necessary by the State Forester.
(c) Prevent erosion of the fill and channel.
(d) Minimize hydrologic connectivity for adjacent roadway.
(e) Avoid or minimize alterations or disturbances to stream channel, bed,
bank, or bank vegetation to that which is necessary to construct the water crossing structure. Operators
shall limit the alteration or disturbance of stream bed, bank, or bank vegetation to that which is necessary
to construct the project.
(f) Plant disturbed stream banks with
native woody species or stabilize with other erosion control techniques.
(g) Ensure that streamflow is not likely to be diverted out of its channel
if the crossing fails.
(h) Preserve water quality and
unobstructed flow.
(i) Route and deposit temporarily turbid water
from crossing projects to the forest floor in an upland area, or above the 100-year flood level if present,
to allow removal of fine sediment and other contaminants prior to discharge to waters of the state.
(j) When the State Forester determines that installing a water crossing in
a flowing stream will cause excessive sedimentation and turbidity, and sedimentation and turbidity would be
reduced if stream flow were diverted, operators shall divert stream flow using a bypass flume or culvert, or
by pumping the stream flow around the work area. In this situation, operators may install culverts within
0.25 miles of a Type F or Type SSBT stream or within two miles of a hatchery intake.
(k) For water crossing structures on Type F and Type SSBT streams,
operators shall, consistent with the rules in this section:
(A) Avoid or
minimize impacts to fish and their spawning and rearing habitat;
(B) Minimize the loss of fish life during the project; and
(C) Ensure free and unimpeded fish passage at all flows when fish are
expected to move through the life of the structure.
(2) In selecting a crossing design strategy, operators constructing or
reconstructing crossings in all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers,
streams, creeks, estuaries, marshes, wetlands, inlets, and canals shall first consider vacating the water
crossings. For water crossings in all Type F and Type SSBT streams where vacating the water crossing is not
feasible or desired by the landowner, permanent channel-spanning structures shall be prioritized before other
crossing strategies. This section does not require the landowner to utilize any specific crossing design
strategy.
(3) Operators shall design and construct permanent
water crossings to:
(a) Convey, at a minimum, the 100-year peak flow in Type
N and D non-fish streams and in Type F and Type SSBT streams. When determining the size of the culvert needed
to convey a flow corresponding to the 100-year return interval, operators shall select a size adequate to
preclude the ponding of water higher than the top of the culvert.
(b) Operators shall design permanent water crossing culverts in Type F and
Type SSBT streams using the stream simulation approach. Water crossing design in Type F and Type SSBT streams
shall consider and incorporate the stream's geomorphic processes and anticipated changes over the life of the
structure. Operators shall design water crossings in Type F and Type SSBT streams to allow for the movement
of water, wood, sediment, and organisms to the maximum extent feasible and minimize obstacles to stream
processes. The design of the water crossings in Type F and Type SSBT streams shall avoid fragmentation of
aquatic habitats by replicating the natural conditions of the stream being crossed. Where the operator
determines it is not possible to achieve stream simulation, operators may propose alternatives if the
alternative can accommodate a 100-year peak flow and does not obstruct fish passage.
(c) The State Forester may require a larger crossing design if division
staff determines, in consultation with department specialists, that the structure size designed to pass the
100-year peak flow is inadequate to:
(A) Avoid delivery of sediment to the
water being crossed;
(B) Avoid stream diversion potential;
and
(C) Provide opportunity for the passage of expected bed load
and associated large woody debris during flood events.
(4) Permanent Channel-Spanning Structures. For permanent channel-spanning
structures, including long and short-span bridges, and open-bottom culverts, that span the entire bankfull
width of the stream, operators shall design and construct the structure to conform with all the following:
(a) Permanent channel-spanning structures have at least three feet of
clearance between the bottom of the bridge structure and the water surface at the 100-year peak flow, unless
engineering justification shows a lower clearance will allow the free passage of anticipated sediment and
large wood.
(b) Place the bridge structure or stringers in a
manner to minimize damage to the stream bed.
(c) Tie or firmly
anchor one end of each new, or reconstructed, permanent log or wood bridge if any of the bridge structure is
within 10 vertical feet of the 100-year flood level.
(d) When
earthen materials are used for bridge surfacing, install only clean sorted gravel, a geotextile lining or
equivalent barrier, and install curbs of sufficient size to a height above the surface material to prevent
surface material from falling into the stream bed.
(e) Place wood
removed from the upstream end of bridges at the downstream end of bridges in such a way as to minimize
obstruction of fish passage to the extent practical, while avoiding significant disturbance of sediment in
connection with maintenance activities.
(f) Abutments, piers,
piling, sills, and approach fills shall not constrict the flow so as to cause any appreciable increase (not
to exceed 0.2 feet) in backwater elevation (calculated at the 100-year flood level) or channel wide scour and
shall be aligned to cause the least effect on the hydraulics of the watercourse.
(g) Excavation for and placement of the foundation and superstructure is
outside the ordinary high-water line unless the construction site is separated from the stream by an approved
dike, cofferdam, or similar structure.
(h) Cure wood or other
materials treated with preservatives sufficiently to minimize leaching into the water or bed. The use of
creosote or pentachlorophenol is not allowed. Cure structures containing concrete sufficiently prior to
contact with water to avoid leaching.
(i) Design permanent
channel-spanning structures in Type F and Type SSBT streams using stream simulation and comply with the
following:
(A) Channel-spanning structures shall not constrict clearly
defined channels; and
(B) Channel-spanning structures shall
establish a low-flow channel that will allow for fish movement during low-flow periods.
(5) Permanent Water Crossing Culverts. For permanent water
crossing culverts in all streams, operators shall design and construct culverts to conform with all the
following:
(a) Design and install culverts so they will not cause scouring
of the stream bed and erosion of the banks in the vicinity of the project.
(b) Design the culvert to avoid stream diversion potential.
(c) The culvert and its associated embankments and fills must have
sufficient erosion protection to withstand the 100-year peak flow. Erosion protection may include armored
overflows or the use of clean coarse fill material.
(d) Place
wood removed from the upstream end of culverts at the downstream end of culverts in such a way as to minimize
obstruction of aquatic organism passage to the extent practical, while avoiding significant disturbance of
sediment in connection with maintenance activities.
(e) Limit
disturbance of the bed and banks to what is necessary to place the culvert and any required channel
modification associated with it. Revegetate, or stabilize with other erosion control techniques, affected bed
and bank areas outside the culvert and associated fill with native woody species. Maintain native woody
species for one growing season.
(f) Do not install permanent
water crossing culverts that are less than 18 inches in diameter.
(6) Permanent Water Crossing Culverts in Fish Streams. For permanent water
crossing culverts in Type F and Type SSBT streams, operators shall conform to (5)(a) through (f) and design
and construct culverts using a stream simulation as follows:
(a) For no
slope culverts and those up to one percent gradient, the minimum culvert diameter or span is at least
equivalent to the active channel width. For other culvert installations, the minimum culvert diameter or span
is at least 1.2 times the active channel width, plus 2 feet.
(b)
Alignment and slope. The alignment and slope of the culvert shall mimic the natural flow of the stream when
possible. The slope of the reconstructed streambed within the culvert shall approximate the average slope of
the adjacent stream from approximately ten channel widths upstream and downstream of the site in which it is
being placed, or in a stream reach that represents natural conditions outside the zone of the road crossing
influence.
(c) Embedment. If a culvert is used, bury the bottom
of the culvert into the streambed not less than 30 percent and not more than 50 percent of the culvert height
for round culverts and for pipe arch culverts not less than 15 percent and no more than 30 percent For
bottomless culverts, design the footings or foundation for the deepest anticipated scour depth.
(d) Maximum length. If the design for a new crossing on a new road would
require a culvert longer than 150 feet, utilize a channel spanning structure unless the site-specific design
constraints preclude the use of a channel spanning structure.
(e)
Culvert bed materials. Culvert bed materials shall have a similar composition to natural bed materials that
form the natural stream channels adjacent to the road crossing in the reference reach. Design the culvert to
allow sufficient transported bed material to maintain the integrity of the streambed over time.
(A) New water crossings in Type F and SSBT streams shall require manual
placement of culvert bed materials during bed construction.
(B)
Operators may select natural accumulation for reconstruction of water crossings where feasible. Operators
that select natural accumulation of culvert bed materials shall document in the written plan the site
conditions and design elements that will facilitate natural accumulation in sufficient detail to allow the
State Forester to evaluate and comment on the likelihood that the operation will comply with the requirements
under (1)(k) and the requirements of (3) and (6) of this rule.
(i) The
threshold to determine that natural accumulation has occurred shall be when the culvert meets the embedment
standard under subsection (6)(c) of this rule.
(ii) The operator
shall provide the following information in the notification for an extension of a natural accumulation
project to the State Forester:
(I) An assessment of current culvert bed
material accumulation within the culvert; and
(II) An assessment
of the material available for transport and accumulation within the culvert.
(iii) If the culvert does not meet the natural accumulation threshold under
(i) after the second winter season following the installation of the crossing and no later than July 1, the
operator shall submit a new notification to the State Forester detailing how the operator will mechanically
place culvert bed materials in order to achieve (6)(c) before September 30 of the same year. The department
shall visually inspect the culvert by December 30 of that year to confirm the crossing meets
(6)(c).
(f) Water velocity. The maximum
velocity in the culvert shall not exceed the maximum velocity in the narrowest channel
cross-sections.
(7) Fords. For fords, operators shall
design and construct those structures to meet all the following criteria:
(a) The entry and exit points of a new ford must not be within 100 feet
upstream or downstream of another ford within a property ownership.
(b) Use fords only during periods of no or low stream flow (whether dry or
frozen) to minimize the delivery of sediment to the stream.
(c)
Install fords only in a dry streambed or when a site is de-watered. The written plan shall describe sediment
control and flow routing plans and the project, as implemented, must meet the criteria outlined in the
written plan.
(d) Approaches to the structure shall not dam the
floodplain where substantial overbank flow occurs.
(e) The ford
shall cross as near to perpendicular to the channel to minimize the disturbance area and reduce
post-installation maintenance.
(f) The ford shall minimize the
acceleration of flow through the ford.
(g) For Type F and Type
SSBT streams, any ford structure shall:
(A) Be no wider than 16
feet;
(B) Installed and maintained to ensure scour has not
created a barrier to fish passage; and
(C) Installed and
maintained to ensure free and unimpeded fish passage at all flows when fish are expected to move through the
structure.
(8) Temporary Water Crossings. For
temporary water crossings, operators shall design and construct those structures to conform with the
following:
(a) Design temporary water crossings in Type N and Type D streams
to pass at minimum the flows expected during crossing use with a minimum culvert diameter of 18
inches.
(b) Use temporary water crossings in Type F and Type SSBT
streams only during the in-water work period defined by the Department of Fish and Wildlife, or when the
department in consultation with the Department of Fish and Wildlife and applicant can agree to specific dates
of installation and removal, and the extended dates result in equivalent levels of resource
protection.
(c) Identify temporary water crossings on the forest
practices notification and written plan as required in OAR 629-625-0100(2)(d), along with a vacating
date.
(d) Only use temporary water crossings on Type N and Type D
streams:
(A) In Western Oregon if installed after June 1 and removed no
later than September 30 of the same year;
(B) In Eastern Oregon
if installed after July 1 and removed no later than October 15 of the same year; or
(C) When the department and applicant agree to specific dates of
installation and removal, and the extended dates result in equivalent levels of resource protection. The
department may consult with Department of Fish and Wildlife before extending the dates.
(e) Install temporary water crossings in the dry streambed or in isolation
from stream flow by the installation of a bypass flume or culvert, or by pumping the stream flow around the
work area. The State Forester may grant an exception to the operator if siltation or turbidity is reduced by
placing the culvert in the flowing stream as an alternative to dewatering.
(f) Limit the bypass reach to the minimum distance necessary to complete
the project.
(g) Vacate temporary water crossings to the
specifications outlined in OAR 629-625-0650.
(h) The State
Forester may waive removal of the water crossing if the operator secures an amended written plan, and the
structure and its approaches meet the requirements of a permanent water crossing structure as outlined in
Sections (4) to (7) of this rule.
(i) Limit the disturbance of
the bed and banks to that which is necessary to place the temporary water crossing and any required channel
modification associated with it.
(9) Other Design
Strategies. The operator shall submit their design strategies to the State Forester for approval:
(a) Submit any alternative water crossing strategy that does not conform
with sections (4) to (8) of this rule to the State Forester as a plan for alternative practice. The State
Forester may approve the plan for alternate practice in consultation with Department of Fish and
Wildlife.
(b) The State Forester may consider other designs if
they can meet or exceed the standards in sections (4) to (8) of this rule.
(10) Construction of Water Crossings. In the construction of water
crossings, operators shall do the following:
(a) Comply with all relevant
forest road construction and maintenance rules in the construction or reconstruction of all water crossings.
Nothing in this section affects existing requirements of Department of Fish and Wildlife.
(b) Runoff, Erosion and Sediment. Operators shall control runoff, erosion,
and sediment through the following actions:
(A) Include a site-specific
erosion and sediment control plan as part of a written plan prior to beginning work. This plan must include,
but is not limited to:
(i) A site plan with a description of the methods of
erosion or sediment control;
(ii) Methods for confining,
removing, and disposing of excess construction materials; and
(iii) Measures to disconnect road surface and ditch water from all typed
waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes,
wetlands, inlets, and canals.
(B) Treat areas of bare
soil that could deliver sediment to all typed waters and lakes, bays, ponds, impounding reservoirs, springs,
rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals. Treatments must include, but are
not limited to:
(i) Prior to project construction, establish effective
drainage; before September 30 in Western Oregon and October 15 in Eastern Oregon. Effective drainage may be
established at other times when the department and applicant can agree to specific dates of installation and
removal, and the extended dates result in equivalent levels of resource protection;
(ii) Before the start of the rainy season and no later than September 30 in
Western Oregon and October 15 in Eastern Oregon, mulch or seed areas of bare soil, or any combination thereof
to reduce surface erosion; and
(iii) Upon completion of
construction, apply native seed, invasive species-free mulch, or any combination thereof to sites with the
potential for sediment delivery to all typed waters and lakes, bays, ponds, impounding reservoirs, springs,
rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals. Operators must apply invasive
species-free mulch to stay in place.
(c)
Pollution Control. To control pollution, operators shall do the following:
(A) The operator shall maintain a spill prevention and response plan on
site during construction.
(B) The operator shall not allow
uncured concrete or concrete by-products to enter waters of the state during construction. The operator shall
seal all forms for concrete to prevent uncured concrete from entering waters of the state.
(C) The operator shall take measures to ensure that all materials and
equipment used for construction, monitoring, and fish salvage are free of aquatic invasive species.
(D) The operator shall not use wood treated with creosote or
pentachlorophenol for parts of the structure in or over the active channel, including pilings, beams,
structural supports, and decking.
(E) The operator shall not
allow chemicals or any other toxic or harmful materials to enter into waters of the state.
(d) In-Water Work, Worksite Isolation, and Dewatering. To
address in-water work, worksite isolation and dewatering needs of water crossing projects, operators shall do
the following:
(A) Develop an in-water work plan for water crossings in all
typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries,
marshes, wetlands, inlets, and canals in their written plan. The plan may include, but is not limited to,
fish salvage, worksite isolation, and dewatering. The written plan shall address in detail all in-channel
construction activities and how the activities will adhere to all relevant forest practice rules forest road
requirements. For all streams, the written plan shall describe:
(i)
Activities during the in-water work period defined by the Department of Fish and Wildlife; or
(ii) Activities outside the in-water work period when the department, in
consultation with Department of Fish and Wildlife, and applicant can agree to specific dates of installation
and removal, and the extended dates result in equivalent levels of resource protection.
(B) Construct water crossings in compliance with Department of Fish and
Wildlife fish passage and in-water work period requirements.
(C)
For all water crossings in Type F and Type SSBT streams, operators shall do the following:
(i) Worksite isolation:
(I) Operators
must isolate any work area within the width of the bankfull channel from water in the active channel at times
when fish are reasonably certain to be present in a Type F or Type SSBT stream.
(II) When constructing water crossings in Type F and Type SSBT streams with
any stream bypass, operators shall have an exclusion and recovery plan to ensure safe capture and relocation
of fish trapped in the work zone when stream flow has been diverted.
(III) Prior to construction site dewatering, operators shall capture and
relocate fish to avoid direct mortality to the maximum extent practicable.
(IV) Operators shall salvage fish to the maximum extent practicable at any
in-water construction site where dewatering and resulting isolation of fish may occur.
(V) Operators shall remove all isolation features after construction is
complete and submit a written salvage report to the department.
(ii) Dewatering:
(I) Operators shall not
dewater areas known to be occupied by lamprey, unless the operator submits a lamprey salvage plan to the
State Forester in consultation with the Department of Fish and Wildlife.
(II) Operators shall conduct dewatering of the isolated area in a manner
that prevents sediment-laden water from reentering the stream.
(III) Operators shall limit dewatering to the shortest linear extent of the
stream as practicable.
(IV) Operators shall conduct dewatering
over a sufficient period to allow species to naturally migrate out of the work area.
(11) Monitoring. Landowners shall develop
and implement a monitoring program for periodic inspections of all Type F and Type SSBT stream crossings that
includes:
(a) Visual inspection to confirm that the crossing is functional;
and
(b) Monitoring occurs at least once every 5 years.
Notes
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.674, 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.