As used in ORS § 196.600 to 196.655:

(1) ‘Compensatory mitigation’ means activities conducted by a permittee or third party to create, restore, enhance or preserve the functions and values of the water resources of this state to compensate for the removal-fill related adverse effects of project development to waters of this state or to resolve violations of ORS § 196.800 to 196.921. Compensatory mitigation for removal-fill activities does not affect permit requirements of other state departments.

(2) ‘Credit’ means the measure of the increase in the functions and values of the water resources of this state achieved at a mitigation bank site.

(3) ‘Mitigation bank’ means a site created, restored, enhanced or preserved in accordance with ORS § 196.600 to 196.655 to compensate for unavoidable adverse impacts to waters of this state due to activities which otherwise comply with the requirements of ORS § 196.600 to 196.921.

(4) ‘Mitigation bank instrument’ means the legally binding and enforceable agreement between the Director of the Department of State Lands and a mitigation bank sponsor that formally establishes the mitigation bank and stipulates the terms and conditions of the mitigation bank’s construction, operation and long-term management.

(5) ‘Off-site compensatory mitigation’ means activities conducted away from the project site that create, restore, enhance or preserve the functions and values of the water resources of this state in order to compensate for the adverse impacts to waters of this state from project development.

(6) ‘On-site compensatory mitigation’ means activities conducted at the project site to create, restore, enhance or preserve the functions and values of the water resources of this state in order to compensate for the adverse impacts to waters of this state from project development.

(7) ‘Permit action’ means activity under a specific removal or fill permit or other authorization requested or issued under ORS § 196.600 to 196.921.

(8) ‘Service area’ means the boundaries set forth in a mitigation bank instrument that include one or more watersheds identified on the United States Geological Survey, Hydrologic Unit Map – 1974, State of Oregon, for which a mitigation bank provides credits to compensate for adverse effects from project developments to waters of this state. Service areas for mitigation banks are not mutually exclusive.

(9) ‘Statewide Comprehensive Outdoor Recreation Plan’ means the plan created by the State Parks and Recreation Department pursuant to the federal Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. § 460-L et seq.). [Formerly 541.550; 1995 c.370 § 2; 2003 c.738 § 3; 2009 c.343 § 1]