736-020-0040 Pipelines or Conduits Under Ocean Shore: Policy, Compensation (1) Pursuant to ORS 390.610(4), it is the policy of the Department to prohibit the use of the ocean shore as a north-south utility, communication, transshipment or conveyance corridor. This prohibition applies to pipelines, conduits, cables, wires, towers, transmission, relay or booster stations and other continuous or intermittent facilities for moving material or services, or transmitting data, information, energy, or other commodity whether for private or public use or benefit. The Department, in its discretion, may make exceptions to this policy in cases of emergency or when need is demonstrated for the project to occur on and alter the ocean shore. Need is demonstrated when practicable alternatives are not available. Benefit to the citizens of Oregon, as a whole, shall be a primary consideration in any decision by the Department to grant an exception to this policy. Cost shall not be the sole reason that an alternative is determined to be not available. For purposes of this section: (a) North-south means a geographic orientation along the beach, or in a heading roughly parallel to the ocean, despite localized direction changes, or longitudinally along the beach as opposed to laterally across the beach from surf to land. The intent of the term north-south does not imply an order of travel, transmission or conveyance and is interchangable with south-north for the purposes of this rule. (b) Available means any one, or combination, of the following: (A) The technology, expertise, and equipment exist and are available in the market place, to engineer, design and install a comparable facility in an upland site; (B) The same, a similar, or comparable facility, has been successfully constructed elsewhere in a non-ocean shore environment; (C) Per unit costs of an alternative are reasonably comparable with the range of per unit costs of similar facilities constructed in comparable environments elsewhere. (2) Nothing in section (1) of this rule shall prevent the maintenance, repair or replacement of pipelines, cable lines, conduits or other utility corridor facility legally permitted on the ocean shore as of the effective date of this rule. (3) For the purpose of this rule, streets, roads and highways are not considered utility corridors. (4) Any applicant seeking an exception to the policy in section (1) of this rule shall be governed by the provisions of OAR 736-020-0001 through 736-020-0032 and 736-020-0040 through 736-020-0120. (5) Prior to the issuance of any permit under these rules and regulations, the Department shall receive from the prospective permittee, payment of just compensation for the use of the ocean shore. The amount of just compensation shall be at the discretion of the Department. Factors the Department may consider in setting the amount of just compensation may include: (a) The length and width of the ocean shore occupied by the proposed pipeline, cable or conduit crossing; (b) Any surface manifestations of the pipeline, cable or conduit crossing on the ocean shore; (c) Potential impacts to unusual or scenic land forms; (d) Potential impacts to fish and wildlife and their habitats; (e) Potential impacts to recreation use or access to the ocean shore or to public recreation facilities adjacent to the ocean shore that may be affected by the pipeline, cable or conduit crossing; (f) The safety features and practices to be employed by the applicant during construction, through out the life of the facility, and in the event of a break, rupture, exposure or other hazardous circumstance; (g) Benefits that will accrue to the public from the proposed project such as sewer, gas, or electric service, phone or other communication service, or beach access mitigation; (h) Benefits that accrue to private individuals, companies, organizations or corporations from the proposed project; and (i) Administrative costs to the State of processing the application, issuing the permit, and monitoring the project for permit compliance. (6) In no case shall just compensation be less than the Department’s administrative costs as calculated under the fee provisions in OAR 736-020-0004. (7) Just compensation payments made under section (2) of this rule are subject to ORS 273.105(2). In accordance with this statute, just compensation payments in excess of the Department’s administrative costs of reviewing and processing the application, issuing and administering the permit, and monitoring the project, shall be deposited into the Common School Fund as provided by ORS 273.105(2). Statutory/Other Authority: ORS 183.545, 189, 390.605 et seq. & 390.124 Statutes/Other Implemented: ORS 390.605 - 390.770 & 390.990 - 390.995 History: PRD 7-2000, f. & cert. ef. 5-10-00 PR 8-1992, f. & cert. ef. 11-12-92 PR 11-1984, f. & ef. 12-12-84 1OTC 1215, f. 2-10-70