Benton County, OR Water Use Rules: Recycled Water Rules (2026)
Key Facts
- Provision
- BCC 55.106(2)(d)
- Allowed material
- Reclaimed water, process water, biosolids
- Purpose
- Ag/horticultural/silvicultural production or irrigation
- Review track
- Administrative, BCC 53.160
- State requirement
- DEQ license, permit or approval
Summary
Spreading recycled water on farmland is a permitted use in unincorporated Benton County's Exclusive Farm Use Zone, not a variance-level request. BCC 55.106(2)(d) allows land application of reclaimed water, agricultural or industrial process water, or biosolids for agricultural, horticultural or silvicultural production, or for irrigation tied to a use the EFU zone already allows, once the operator holds the required Department of Environmental Quality license, permit or approval.
(d)The land application of reclaimed water, agricultural process or industrial process water or biosolids for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in the EFU zone is allowed subject to the requirements of ORS 215.246, 215.247, 215.249 and 215.251 and 1 of the following:(A)The issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055; or(B)In compliance with rules adopted under ORS 468B.095.
Full Breakdown
106 lists the uses the EFU zone permits subject to review, and subsection (2)(d) covers recycled water directly: land application of reclaimed water, agricultural process water, industrial process water or biosolids is allowed for agricultural, horticultural or silvicultural production, or for irrigation connected to a use the EFU zone already allows. 095. 160 rather than heard before the Planning Commission, so an operator with a valid DEQ authorization is not routed into the discretionary conditional-use process that governs other, less common farm-adjacent uses in the zone.
The standard applies wherever land in the unincorporated EFU zone is used for recycled water application in connection with farm use, including irrigation of crops or pasture using treated effluent from a municipal or industrial source.
Violations & Fines
Applying reclaimed water, process water or biosolids to EFU land without the DEQ authorization BCC 55.106(2)(d) requires is a County Code violation under BCC Chapter 31. The Planning Official escalates from a verbal notice through a written notice of violation and a notice to comply before an infraction complaint issues, and under BCC 31.125(3) the County may seek a $500 fine per violation and $1,000 for a continuing one, each 24-hour period counted separately.
Frequently Asked Questions
Can I apply recycled water to my farmland in unincorporated Benton County?
What state approval do I need before applying reclaimed water on EFU land?
Does a recycled water application require a Planning Commission hearing?
Sources & Official References
Other rules in Benton County
Compare Benton County to another location·View the Oregon water use rules overview
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