justicedao/ipfs_state_laws huggingface dataset:
736-057-0140 Award of Preserving Oregon Grant Program Grants (1) The State Advisory Committee on Historic Preservation shall award the grants. (2) The department will establish maximum and minimum grant award limitations. The department will publish award limitations in grant guidelines or manual and application for each new grant cycle. (3) All grant awards will be subject to binding grant agreements between the department and grantee. (4) Grant agreements shall specify the terms and conditions of the grant award, generally including: (a) The total project costs, the match or share grantee is to provide, and the amount of the grant; (b) A statement of work grantee is to accomplish; (c) The products grantee is to deliver; (d) A timeline that details when the grant-assisted project may begin, a schedule for accomplishing work, and deadlines for delivering products and completing the project; (e) The process and schedule for grantee to submits reimbursement requests for grant funds distribution; (f) The measures of project impact at project completion; and (g) The requirement that grantee comply with applicable local, state, and federal law and obtain all necessary permits. Statutory/Other Authority: ORS 390.124 & ORS 358.617 Statutes/Other Implemented: ORS 358.475, ORS 358.605 & ORS 358.612 (2) and (12) History: PRD 3-2020, adopt filed 02/21/2020, effective 02/21/2020
736-057-0150 Disbursement of Preserving Oregon Grant Program Grant Funds (1) The department will distribute grant funds to grantees on a reimbursable basis after grantee submits billings on approved schedules specified in grant agreements. (2) When requested by the department, grantees shall supply additional information to substantiate billings. (3) The department may disburse grant funds in advance if grantees can demonstrate a compelling need. Statutory/Other Authority: ORS 390.124 & ORS 358.617 Statutes/Other Implemented: ORS 358.475, ORS 358.605 & ORS 358.612 (2) and (12) History: PRD 3-2020, adopt filed 02/21/2020, effective 02/21/2020
736-057-0160 Suspension or Termination of Agreement and Recovery of Preserving Oregon Grant Program Grant Funds (1) The department shall send a notice of suspension or termination of grant agreement by registered letter to grantee at address listed in the agreement. The notice shall include recourse (if any) for grantee to remedy project deficiencies. (2) The department shall require a grantees that has received funds in advance but is unable to complete approved projects to the department's satisfaction or within the three-year timeframe, to return all unexpended grant funds. (3) A grantee shall maintain records adequate for audit purposes for a period of not less than five years after project completion. (4) A grantee shall reimburse the department for any costs disqualified through audit findings. Statutory/Other Authority: ORS 390.124 & ORS 358.617 Statutes/Other Implemented: ORS 358.475, ORS 358.605 & ORS 358.612 (2) and (12) History: PRD 3-2020, adopt filed 02/21/2020, effective 02/21/2020
736-060-0000 Purpose (1) These rules, promulgated in accordance with ORS 537.332 to 537.360, set the policy, procedures, standards, methodology, and definitions for instream water right applications made by the Oregon State Parks and Recreation Department to the Water Resources Department, for the protection of recreational values and scenic attraction. (2) These rules set out: The methodology for determining flow requirements and water surface elevations for recreational use(s) and scenic attraction, the standard for setting the priority for processing instream water right proposals, the internal procedures for application for and coordination of instream water rights, and the process for assisting with transfers of regular water rights to instream water rights. Statutory/Other Authority: ORS 183.335(7), 183.341 & 537.332 - 537.360 Statutes/Other Implemented: ORS 390.124, 537.336 & 537.338 History: PR 5-1991, f. & cert. ef. 5-17-91
736-060-0005 Policy It is the policy of the Parks and Recreation Department to apply to the Water Resources Department for instream water rights on the streams, rivers, lakes, and wetlands of the state to protect scenic attraction and recreational values for the benefit of present and future generations of citizens of this state. Statutory/Other Authority: ORS 183.335(7), 183.341 & 537.332 - 537.360 Statutes/Other Implemented: ORS 537.336(3) History: PR 5-1991, f. & cert. ef. 5-17-91
736-060-0020 Responsibilities to WRD (1) The Department shall coordinate with WRD on establishing priorities for monitoring of flows of instream water rights: The Department shall coordinate with WRD watermasters to develop monitoring plans for instream water rights. The location and method of instream flow measurement shall be selected to ensure that the instream water right is adequately monitored throughout the entire reach. Monitoring plans may include: (a) Use of volunteers and Department personnel to conduct monitoring; (b) The frequency of monitoring; (c) A system for reporting and enforcing violations of instream water rights. (2) In cases where it is known that the request for flows is higher than the estimated average natural flow, as defined by WRD, the Department shall provide in the application justification for additional flow or identify the intended source of water in accordance with OAR 690-077-0045(3)(e) (WRD). Statutory/Other Authority: ORS 183.335(7), 183.341 & 537.332 - 537.360 Statutes/Other Implemented: ORS 537.338 History: PR 5-1991, f. & cert. ef. 5-17-91
736-060-0040 Purchase, Lease, or Gift of Water Rights for Instream Water Rights (1) The Department may purchase, lease, or accept as gifts, water rights for the purpose of transferring the water right to an instream water right for the public uses and purposes set forth in OAR 736-060-0000 through 736-060-0040: (a) Water rights that may be transferred to instream water rights shall be reviewed for potential benefits and adverse impacts to recreation values and scenic attraction; (b) Standards set out in this rule shall apply to establish priorities for water rights that are to be bought or leased; (c) Gifts of water rights shall be accepted regardless of priorities set out in OAR 736-060-0020, if the transfer does not harm recreation or scenic attraction values. Donors of gifts shall be recognized through a formal Commission process. (2) Instream water rights are held by the Water Resources Department in the public interest in accordance with ORS 537.332 to 537.360. Statutory/Other Authority: ORS 183.335(7), 183.341 & 537.332 - 537.360 Statutes/Other Implemented: ORS 537.338 & 537.341 History: PR 5-1991, f. & cert. ef. 5-17-91
736-070-0010 Purpose (1) The purpose of these rules is to establish the procedures used by the Parks and Recreation Department in implementing the provisions of its State Agency Coordination Program, as required by ORS 197.180 and OAR 660, division 30 and 31. The State Agency Coordination program will assure that the Department’s land use programs comply with the statewide land use planning goals and are compatible with acknowledged city and county comprehensive plans and land use regulations. It is not the intent of these rules to prevent either the Parks and Recreation Commission or the Parks and Recreation Department from carrying out their statutory responsibilities. (2) Division 70 shall control over any related or inconsistent rule provisions relating to statewide goal compliance and comprehensive plan compatibility in OAR 736, division 2 through 55. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: PR 3-1991, f. & cert. ef. 3-8-91
736-070-0020 Definitions As used in these rules: (1) “Acknowledged Comprehensive Plan” means a city or county comprehensive land use plan and land use regulations or plan or regulation amendment which complies with the goals as provided in ORS 197.251, 197.640 to 197.649 and 197.625. (2) “Affected Local Government” means a city or county government that has land use planning jurisdiction. (3) “Commission” means the Parks and Recreation Commission. (4) “Compatibility” means that the Department has taken actions pursuant to this division, including applicable procedures in the Department’s State Agency Coordination Program, and there are no remaining conflicts between the Department’s land use action and the affected acknowledged comprehensive plan(s). (5) “Department” means the Parks and Recreation Department. (6) “Director” means the Director of the Parks and Recreation Department. (7) “DLCD” means the Department of Land Conservation and Development. (8) “Land Use Action” means a Department rule, program or activity which has been determined to have a significant effect on land use as defined by OAR 660-030-0005(2). (9) “Land Use Dispute” means a difference of opinion between the local government and the Department as to the compatibility of a proposed Department action with the provisions of an acknowledged comprehensive plan. (10) “Local Government” means an incorporated city or county. (11) “Major Development Projects and Major Park Facilities” means those Department construction activities that change the existing land use or significantly change the intensification of the existing land use. (12) “SAC Program Document” means the Department’s State Agency Coordination Program document developed pursuant to ORS 197.180. (13) “Statewide Goals” means Oregon’s Statewide Planning Goals adopted by the Land Conservation and Development Commission pursuant to ORS Chapter 197. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: PR 3-1991, f. & cert. ef. 3-8-91
736-070-0030 Applicability This division is applicable to the following Department land use actions in accordance with OAR 660-030-0005: (1) Adoption or amendment of State Park Master Plans. (2) Construction of major development projects or major park facilities. (3) Tree removal on Department property within the urban growth boundaries (UGB’s). (4) Awarding of federal Land and Water Conservation (L&WCF) grants for major development projects. (5) Approval of development proposals within the State Scenic Waterway boundaries. (6) Adoption or amendment of State Scenic Waterway Management Plans. (7) Designation of State Recreation Trails. (8) Construction of Recreation Trails not on Department property. (9) Issuance of Ocean Shore Improvement Permit. (10) Issuance of State Archaeological Excavation Permit on, public lands non-federal. (11) Any other Department program subsequently determined to affect land use pursuant to ORS 197.180 and OAR 660-030-0075. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: PR 3-1991, f. & cert. ef. 3-8-91
736-070-0060 Assuring Goal Compliance and Acknowledged Plan Compatibility for New or Amended Land Use Programs That May Have a Significant Effect on Land Use (1) Except as provided in section (2) of this rule, the Department shall assure that new rules and programs which qualify as land use programs, or amendments to existing land use programs, comply with the statewide planning goals and are compatible with acknowledged comprehensive plans. (2) The Commission may choose not to apply this rule to the adoption of temporary rules and programs. (3) The Department shall examine new rules or programs to determine if they qualify as land use programs as defined by OAR 660-030-0005(2). (4) If new rules or programs are found to be land use programs, the Department or Commission shall amend OAR 736-070-0030, and other sections of existing rule divisions pertinent to the program as needed to assure goal compliance and compatibility with acknowledged comprehensive plans. (5) Amendments to existing Department programs shall be examined to determine if: (a) They have a significant affect on land use as determined by the criteria established; and (b) Provisions of this division are sufficient for assuring that actions allowed by the amendments will comply with the goals and will be compatible with comprehensive plans; or (c) They modify the program so that it no longer qualifies as a land use program. (6) If needed as determined after completing the examination prescribed in section (5) of this rule, the Commission shall amend the appropriate administrative rules to assure goal compliance and compatibility with acknowledged comprehensive plans. (7) The Department shall provide written notice of any new rule or amendment determined to be a new land use program or affect the land use status of an existing land use program to the Department of Land Conservation and Development, persons on any Department mailing lists established for land use coordination purposes, and any local governments relying on the Department for goal compliance as described in OAR 660-030-0085. The notice shall include: (a) The date, time and location of the Department’s proposed action; (b) The manner in which written and oral comment on the proposed action can be submitted to the Department; (c) An explanation of how the new rule or amendment qualifies as, or affects the land use status of, a land use program; and (d) A description of any actions taken, or to be taken, pursuant to sections (3) through (6) of this rule. (8) If no comment is received from the Department of Land Conservation and Development within the period specified in the notice described in section (7) of this rule, the Department may presume that the Department of Land Conservation and Development finds the new or amended rule or program to have satisfied requirements of ORS 197.180 and OAR 660, divisions 30 and 31. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: PR 3-1991, f. & cert. ef. 3-8-91
736-070-0070 Coordination with Affected State and Federal Agencies and Special Districts The Department shall coordinate with state and federal agencies and special districts on Department’s projects or actions affecting land use as listed in OAR 736-070-0030 and in Section IV of the Department’s State Agency Coordination Program and when determined to be necessary. Additionally, the Department will coordinate with state agencies, federal agencies, and others on land use issues of concern to the Department. Generally, this type of coordination is to provide to state agencies, federal agencies and others, the Department’s perspective on the compatibility of programs or actions that others have proposed with the policies and programs of the Department. Department contacts for interagency coordination will be determined by the type of program or action, and may include the involvement of the assistant administrator of Programs and Planning, the outdoor recreation planner, a representative from the affected Department program, and regional supervisor or regional coordinator. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: PR 3-1991, f. & cert. ef. 3-8-91
736-070-0080 Cooperation and Technical Assistance to Local Governments (1) Subject to statutory and budgetary limitations, the Department: (a) Will provide technical assistance and information to local government; (b) May participate in local land use planning and regulations, including review of applications for development proposals near or adjacent to State Parks resources, periodic review, plan amendments and plan updates; and (c) May promote the adoption of state land use policies and local land use ordinances that consider the land use policies and programs of the Parks and Recreation Commission. (2) Participation and coordination with local government with regard to the programs herein determined to affect land use will be accomplished by the Department working directly with the responsible local government. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: PR 3-1991, f. & cert. ef. 3-8-91
736-080-0005 Scope and Purpose (1) The purpose of these rules is to describe the procedures for imposing and enforcing civil penalties for violations of state ocean shore statutes, regulations, permits and orders. Definitions, notice requirements, a penalty schedule and hearing process are included in these rules. (2) These rules are intended to carry out the authority granted to the Director by ORS 390.605 et seq. The civil penalty authority described in these rules is in addition to other authorities and corrective actions available to the Director and the Department regarding violations of ocean shore statutes and regulations. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.605 - 390.770 & 390.990 - 390.995 History: PRD 7-2000, f. & cert. ef. 5-10-00
736-080-0010 Definitions (1) “Alteration” — means “improvement” as that term is defined by statute, ORS 390.605(1), and included in these definitions at OAR 736-080-0010(8). (2) “After the Fact Application” — means an application for an alteration permit under ORS 390.640, a permit for a pipeline, cable or conduit crossing of the ocean shore under 390.715, or an ocean shore product removal permit under 390.725, that is made after the alteration or activity for which the permit is issued has already begun or has been completed. (3) “Civil Penalty” — means a monetary penalty imposed by the Director for violation of ocean shore statutes, rules, standards, permit conditions or an order of the Director; (4) “Commission” — means the Oregon Parks and Recreation Commission; (5) “Continuing Notice” — means that a notice of violation, once issued to a responsible party, continues in effect for a designated period and need not be reissued for the same or similar violation before a notice of civil penalty can be issued. (6) “Department” — means the Oregon Parks and Recreation Department; (7) “Director” — means the Oregon Parks and Recreation Director; (8) “Improvement” — means filling a portion of the ocean shore, removal of material from the ocean shore or a structure, appurtenance or other addition, modification or alteration constructed, placed or made on or to the land (ORS 390.605(1)). For the purpose of these rules, the term “alteration” shall be used in place of “improvement” except as otherwise specified in these rules; (9) “Ocean Shore” — means the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line as described by ORS 390.770 or the line of established upland shore vegetation, whichever is farther inland. “Ocean shore” does not include an estuary as defined in 196.800. (10) “Property” — means an upland building, road, street, highway, sewer or water line, or other infrastructure development. (11) “Responsible Party” — means the person(s), including the applicant or permittee and their contractors or agents, or the company, organization, local, state or federal agency, or other entity, that is in violation of the ocean shore statutes, rules, standards, permit conditions or order of the Director, pertaining to an alteration on the ocean shore. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.605 - 390.770 & 390.990 - 390.995 History: PRD 7-2000, f. & cert. ef. 5-10-00
736-080-0020 Civil Penalty Policy (1) Upon the Director’s own initiative, or in response to a complaint of an alleged violation of ocean shore statutes, rules, standards, permit conditions, or Director’s order, the Director may investigate, including entering at reasonable times upon lands within the ocean shore, including private property within the ocean shore, to determine if a violation has occurred and to ascertain the nature, extent, severity and other factors of the violation. The Director, or the Director’s agents, shall not enter upon private property landward of the ocean shore without the property owners permission. When landowner permission is not forthcoming and access through the property landward of the ocean shore is necessary to investigate, assess and prescribe remedies for suspected or known ocean shore violations, the Director, his staff or agents, may enter such property when accompanied by appropriate law officers bearing a court issued search warrant or other appropriate authorization; (2) Upon a determination that a violation has occurred, the Director shall observe the procedures set forth in these rules and may impose a civil penalty against the party responsible for the violation. The Director may waive a civil penalty as provided in section (3) of this rule. The Director bears the burden of proof to establish that a violation has or is occurring. Imposing a civil penalty under these rules for an ocean shore violation shall not preclude the Director from pursuing other regulatory or penalty actions provided by law. (3) Timely compliance with the ocean shore statutes and regulations and avoidance of long-term or irreversible impacts to the scenic, recreation and natural resources of the ocean shore is the Department’s goal in dealing with violations. At the Director’s discretion, imposition of a civil penalty may be waived where the responsible party responds with timely compliance or voluntary restitution, where these actions are acceptable to the Department, and where they avoid long-term or irreversible impacts to the public health, safety and welfare , scenic, recreation, natural resource and economic values of the ocean shore. (4) Civil penalties imposed under this rule apply to violations of ocean shore statutes, rules, orders, and permits included in, implementing, or issued in accordance with ORS 390.610, 390.620 to 390.660, 390.690, and 390.705 to 390.770. This includes ocean shore alteration permits issued under 390.640, permits for pipe, cable, or conduit crossings of the ocean shore issued under 390.715, and permits for removal of products along the ocean shore issued under 390.725. (5) Where a civil penalty is imposed for alterations made on the ocean shore without a permit, the civil penalty shall be in addition to and not in-lieu of application fees for an after the fact application. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.605 - 390.770 & 390.990 - 390.995 History: PRD 7-2000, f. & cert. ef. 5-10-00