justicedao/ipfs_state_laws huggingface dataset:
141-083-0840 Pre-Application and Application Review Process (1) Prior to submitting an application to the Division, the person wanting to place a cable on state-owned submerged and submersible land within the Territorial Sea shall meet with Division staff to discuss the proposed project, alternative routes, factors affecting cable installation, and desired schedule. The person is also encouraged to meet with affected ocean users and industries prior to meeting with the Division to discuss possible use conflicts and other issues attendant with the proposed cable route(s). (2) Upon receipt of an application, the Division will determine if it is complete. Applications which are determined by the Division to be incomplete shall be returned to the applicant with an explanation of the reason(s) for rejection. (3) If a rejected application is resubmitted within one hundred and twenty (120) calendar days from the date the Division returned it to the applicant, no additional application fee will be assessed. (4) Applications determined by the Division to be complete will be circulated to various local, state, and federal agencies and other interested persons for review and comment. The Division will circulate the application according to the requirements of its State Agency Coordination Program. (5) To obtain public comment and identify possible issues concerning the proposed cable, the Division may hold public information meetings in the vicinity of each cable landing prior to, or after receipt of an application. The person proposing the cable or easement applicant shall attend any public meetings scheduled by the Division and be prepared to discuss the project. (6) An easement applicant may amend their application at any time in order to address issues, concerns, or information shortfalls identified by the Division or other commentors. (7) After receipt of agency and public comment concerning the proposed project resulting from the State Agency Coordination application circulation, the Division shall determine whether additional information is needed and/or modifications required to the proposed project. The easement applicant shall then be notified in writing of the Division’s requirements. (8) An easement applicant shall be given the opportunity to revise their proposed project or demonstrate why suggested changes are not feasible prior to the Division’s development of its recommendation to the State Land Board regarding the subject easement and related requirements for the location, construction, operation and maintenance of the cable. (9) The Land Board may approve or deny the easement based on the recommendation of the Division and the findings required by OAR 141-083-0810(8). Statutory/Other Authority: ORS 196.800 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925 History: DSL 21-1999, f. & cert. ef. 11-1-99
141-083-0850 Cable Easement Terms and Conditions (1) All cable easements issued under these rules shall require approval by the State Land Board. (2) Easement applicants may be required to obtain a surety bond to ensure that they will perform in accordance with all terms and conditions of the easement. The surety bond amount shall be determined by the Division. A cash deposit or certificate of deposit in an amount equal to the amount required for a surety bond and which names the State of Oregon as co-owner may be substituted in lieu of a bond. (3) A cable easement issued by the Division shall be valid for an initial term of twenty (20) years, and may be renewed at the holder’s option for an additional twenty (20) year term upon application to the Division. (4) All cables are to be buried using the best available proven technology whenever Territorial Sea bottom conditions permit to a sufficient depth to minimize conflicts with other ocean users and industries and recognizing the potential need to retrieve the cable for repair or removal. (5) The Division shall be notified in writing by the easement holder at least ninety (90) days: (a) Prior to any pre-planned change in the location of the cable. (b) Prior to any change in ownership of the cable. (c) After the discovery of any change in the location of the cable resulting from accidental contact or geologic or other natural causes. (d) Prior to any abandonment or termination of use of the cable. (6) If determined necessary by the Division in consultation with the easement holder and other interested parties, and if permitted by the applicable federal agency(ies) regulating the cable, the easement holder shall remove the cable from the state-owned submerged and submersible land within one (1) year following the termination of use of the cable or expiration of the easement. (7) Easements issued pursuant to these rules may be subject to a term based payment or annual rental payments subsequently established by the Land Board pursuant to governing law for use of state-owned submerged and submersible land. (8) Easement holders shall inspect cables to ensure that they remain both within the area authorized by the easement and buried. These inspections are to be done on a frequency to be determined by the Division in consultation with the easement holder and other interested parties. Statutory/Other Authority: ORS 196.800 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925 History: DSL 21-1999, f. & cert. ef. 11-1-99
141-083-0860 Penalties In addition to any other penalties provided or permitted by law, the placement of any cable or related structure on state-owned land without an easement or otherwise not in compliance with these rules shall constitute a trespass, and be prosecuted pursuant to governing law. Statutory/Other Authority: ORS 196.800 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925 History: DSL 21-1999, f. & cert. ef. 11-1-99
141-083-0870 Reconsideration of Decision (1) An easement applicant or any other person adversely affected by the issuance or denial of a fiber optic cable or other cable easement on state-owned submerged and submersible land within the Territorial Sea may request that the Land Board reconsider the decision. (a) Such a request shall be received by the Director no later than thirty (30) calendar days after the delivery of the decision. (b) The Director shall review the request within sixty (60) calendar days after the date of delivery of the request. (c) The Director may recommend to the Land Board either that the easement issuance or denial be modified based on the merits of the request, or that the Land Board authorize initiation of a contested case proceeding. (2) If the Director recommends that the Land Board initiate a contested case proceeding, the Land Board shall select a hearing officer and proceed pursuant to ORS 183.413 through 183.470. Statutory/Other Authority: ORS 196.800 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925 History: DSL 21-1999, f. & cert. ef. 11-1-99
141-085-0500 General Where headings, special fonts or double-spacing are used, they are for the convenience of the user only and have no substantive effect. Statutory/Other Authority: ORS 196.825 & 196.600 – 196.692 Statutes/Other Implemented: ORS 196.600-196.692 & 196.800-196.990 History: DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09
141-085-0506 Policy (1) General Policy on Removal-Fill. No authorization to place fill or remove material from the waters of this state may: (a) Interfere with the paramount policy of this state to preserve the use of its waters for navigation, fishing and public recreation uses; or (b) Be inconsistent with the protection, preservation and best use of the water resources of this state. (2) Department Will Use Fair, Predictable Approach. To the extent possible, the Department will administer these rules to ensure persons receive timely, fair, consistent and predictable treatment including timely communication and consistent application and interpretation of these rules and the Removal-Fill Law. (3) Department Will Continually Improve the Program. The Department will actively and continually pursue improvements to the authorization process in order to reduce paperwork, eliminate duplication, increase certainty and timeliness, and enhance protection of water resources. (4) Department Will Recognize Multiple Interests. The Department will recognize the interests of adjacent landowners; tribal governments; public interest groups; soil and water conservation districts; drainage, irrigation and diking districts; watershed councils; state and federal agencies; and local government land use planning agencies. (5) Department’s General Policies on Wetland Regulation. In regard to the regulation of wetlands, the Department will administer these rules to ensure that: (a) The protection, conservation and best use of this state’s wetland resources, including their functions and values, are promoted through the integration and coordination of the local comprehensive plans and the Department permitting process; and (b) A stable wetland resource base is maintained through avoidance of reasonably expected adverse impacts, and by compensating for unavoidable wetland impacts. (6) Restoration and Conservation Programs. The Department will encourage and facilitate the restoration of waters of this state through voluntary restoration and conservation programs. (7) Compensatory Mitigation. Through its permitting and enforcement programs, the Department will seek to offset losses of the functions and values of the water resources of this state. (8) Mitigation Banks. The Department will allow the use of mitigation banks to offset adverse effects from removal or fill activities to the waters of this state. Statutory/Other Authority: ORS 196.825 & 196.600 – 196.692 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 1-2011, f. & cert. ef. 3-1-11 DSL 8-2009, f. 12-15-09 cert. ef. 1-1-10 DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09
141-085-0520 Removal-Fill Jurisdiction by Volume of Material The following criteria are used to determine jurisdictional volume thresholds that trigger the requirement for an authorization. (1) Oregon State Scenic Waterways (SSWs). The threshold volume is any amount greater than zero. (2) Essential Indigenous Anadromous Salmonid Habitat (ESH ). The threshold volume is any amount greater than zero. (3) Compensatory Mitigation Sites . The threshold volume is any amount greater than zero for compensatory mitigation sites referenced in an authorization. (4) Ocean Renewable Energy Facilities. The threshold volume for removal-fill in Oregon’s territorial sea that is related to an ocean renewable energy facility is any amount greater than zero. (5) All Other Waters of This State . (a) For fill activities, any combination of either organic or inorganic material deposited by artificial means at any one location in waters of this state equal to or exceeding 50 cubic yards or the equivalent weight in tons; and (b) For removal activities, the taking or movement by artificial means of more than 50 cubic yards of inorganic material or large woody debris, or the equivalent weight in tons in any calendar year. Statutory/Other Authority: ORS 196.825 & ORS 196.600 - 196.692 Statutes/Other Implemented: ORS 196.600 - 196.692 & ORS 196.800 - 196.990 History: DSL 5-2017, amend filed 12/28/2017, effective 01/01/2018 DSL 3-2014, f. 8-14-14, cert. ef. 9-1-14 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 1-2011, f. & cert. ef. 3-1-11 DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09
141-085-0525 Measuring and Calculating Volume of Removal and Fill (1) Calculating Removal Volume. Removal volume for all waters includes the full extent of the excavation or movement within the jurisdictional areas. (2) Calculating Fill Volume. For waters other than wetlands, fill volume is measured to the ordinary high water line (OHWL) or the highest measured tide (HMT). For wetlands, fill volume is measured to the height of the fill, excluding buildings. (3) Calculating Volume for Channel Relocation. When calculating the volume for channel relocation, the threshold is met considering either: (a) The volume of material removed to construct the new channel up to OHWL; or (b) The volume that would be required to completely fill the old channel to the OHWL or HMT. (4) Projects that Involve Both Fill and Removal. For projects that involve both fill and removal, the combined volumes are used to determine whether a permit is required. Statutory/Other Authority: ORS 196.825 & 196.600 - 196.692 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.800 - 196.990 History: DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 1-2011, f. & cert. ef. 3-1-11 DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09
141-085-0540 Types of Authorizations One of the following types of authorizations is required for regulated activities in waters of this state. (1) Individual Permits. IPs are issued for projects that do not qualify for other types of authorizations. (2) General Authorizations. GAs are adopted by rule for a category of activities that have minimal impacts to waters of this state (OAR 141-089). (3) General Permits. (a) GPs are issued by rule on a statewide or geographic basis; or (b) By order for an applicant or group of applicants to cover activities that are substantially similar in nature, are recurring or ongoing, and have predictable effects and outcomes. (4) Emergency Authorizations. EAs are issued in circumstances that pose an immediate threat to public health, safety or substantial property including crop and farmland. Statutory/Other Authority: ORS 196.600 - 196.692 & 196.795 - 196.990 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 1-2011, f. & cert. ef. 3-1-11 DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09
141-085-0555 Individual Removal-Fill Permit Application Review Process (1) Completeness Review. Within 30 calendar days of the receipt of an application, the Department will review the application to determine if it is complete and adequately addresses the application requirements. (2) Notification of Completeness Determination. Following the completeness review, the Department will inform the applicant of one of the following findings: (a) The application is complete and will proceed to the public review process; (b) The application is incomplete because of certain deficiencies; or (c) The project does not require an authorization from the Department (no state permit required). (3) Incomplete Application. If the Department determines that the application is incomplete or deficient, the Department will notify the applicant in writing and list the missing or deficient information. The application will be suspended awaiting revision. To initiate a new completeness review, the applicant must resubmit the entire amended application package for consideration, unless instructed by the Department to do otherwise. Submission of a new or amended application package starts a new 30-day initial review period. (4) Timeframe for Resubmittal of Incomplete Applications. If a revised application is not resubmitted within 120 calendar days of an incompleteness determination, the Department may administratively close the application. If the Department closes the file for failure of the applicant to respond in a timely fashion to the request for additional information, the Department will retain the application fee. A subsequent application for the same or similar project will require submittal of a new application and payment of an application fee. Statutory/Other Authority: ORS 196.825 & 196.600 – 196.692 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 1-2011, f. & cert. ef. 3-1-11 DSL 8-2009, f. 12-15-09 cert. ef. 1-1-10 DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09
141-085-0580 Discovery in Contested Cases In contested cases conducted on matters relating to these rules, the Department delegates to the hearing officer the authority to rule on any issues relating to discovery, except that depositions will only be awarded if it is likely that a witness will not be available at a hearing. Statutory/Other Authority: ORS 196.825 & 196.600 – 196.692 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09
141-085-0590 Renewal and Extension of Individual Removal-Fill Permits (1) Renewal of Individual Permits. Individual permits may be renewed if the permit holder anticipates that the project within waters of this state will not be completed by the permit expiration date. (2) Renewal Notice. At least 90 calendar days prior to the expiration of a valid removal-fill permit, the Department will send a renewal notice to the permit holder. The renewal notice will inform the permit holder of the expiration date of the permit and offer an opportunity to renew the permit. (3) Request for Renewal. In order to renew the permit, the permit holder must respond with a request to renew the permit. The request for renewal must: (a) Include a short statement of the status of the project, including any compensatory mitigation requirements; (b) Include the base fee; (c) Be received by the Department at least 45 calendar days prior to the expiration of the permit; and (d) If requested by the Department, be accompanied by an updated application. Updated applications may be required for permits that have been in effect for five years, and at every five-year increment thereafter. Updated applications must be provided on current forms provided by the Department. (4) Processing the Renewal Request. Upon receipt of a request for renewal, the Department: (a) Must review the request pursuant to the standards contained in the applicable rules in effect at the time of the request; and (b) May provide public notice of the renewal in accordance with the provisions in OAR 141-085-0560. (5) Department’s Decision. Upon review of the renewal request, along with any updated information or public comments, the Department will either: (a) Renew the permit, with or without modified conditions; (b) Extend the permit for an additional time period; or (c) Deny the request for permit renewal. (6) Extension of a Permit Expiration Date. At the discretion of the Department, a permit expiration date may be extended: (a) If more time is needed to resolve issues that arise during the renewal process; or (b) If the applicant failed to respond to the renewal request in a timely manner. Statutory/Other Authority: ORS 196.825 & 196.600 – 196.692 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 1-2011, f. & cert. ef. 3-1-11 DSL 8-2009, f. 12-15-09 cert. ef. 1-1-10 DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09
141-085-0595 Permit Requirements and Interagency Coordination for Department of Environmental Quality Approved Remedial Action, Corrections Facilities, Solid Waste Land Fills and Energy Facilities (1) DEQ Remedial Action Waiver. Pursuant to ORS 465.315, no removal-fill authorization is required for remedial action conducted on a site selected or approved by the Department of Environmental Quality. The responsible party must notify the Department of its intended action, pay applicable fees, and comply with the substantive requirements provided by the Department. Failure to comply with the substantive requirements may result in enforcement action. (2) Application Process Requirements for Specific Siting Entities. Upon submission by the applicant of a complete application and payment of the proper fees, the Department will issue the permits authorized by the authorized siting entity listed below, subject to the conditions set forth by the siting entity (including conditions supplied to the siting authority by the Department). The Department will continue to exercise enforcement authority over a permit issued pursuant to this section. These siting entities are: (a) The Corrections Facilities Siting Authority, pursuant to ORS 421.628, relating to siting corrections facilities; (b) The Environmental Quality Commission, pursuant to ORS 459.047, relating to siting solid waste landfills; (c) The Energy Facility Siting Council, pursuant to ORS 469.300 et seq. related to siting energy facilities; and (d) The Economic Recovery Review Council, pursuant to Oregon Laws 2011, chapter 564, related to the siting of industrial development projects of state significance. Statutory/Other Authority: ORS 196.825 & 196.600-196. 692 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 1-2011, f. & cert. ef. 3-1-11 DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09
141-085-0665 Expedited Process for Industrial or Traded Sector Sites (1) Department Assistance with Industrial Siting. The Department will participate in planning and authorizing removal-fill within waters of this state for certain industrial or traded sector sites identified by the Oregon Business Development Department (OBDD). The Department will provide assistance to the maximum extent feasible, taking into account budget and staffing constraints. (2) Site Designation Process. The Director may, upon the request of OBDD, designate a site for expedited planning and processing. The project proponent or sponsor will have authority to authorize the Department or its agents physical access to the site. (3) Department-Appointed Project Leader. The Director will assign a project leader from the Department to work with the OBDD, other applicable agencies and the project sponsor. Such work will include, but is not limited to: (a) Expedited jurisdictional determinations by the Department; (b) Technical assistance in the preparation of jurisdictional delineation and functional assessment reports, impact avoidance and minimization strategies, alternatives analyses and compensatory mitigation plans; (c) Assistance with other permit application documents necessary to issue an authorization or to avoid the need to obtain an authorization by planning the project in such a way so as to avoid impacts to waters of this state; (d) Expedited review of removal-fill applications and prompt permit decision as long as doing so will not result in the Department missing statutory deadlines for other permits; and/or (e) Assistance with the early identification and resolution of issues raised by other agencies and the public. Statutory/Other Authority: ORS 196.825 & 196.600 – 196.692 Statutes/Other Implemented: ORS 196.600 - 196.692 & 196.795 - 196.990 History: DSL 1-2011, f. & cert. ef. 3-1-11 DSL 8-2009, f. 12-15-09 cert. ef. 1-1-10 DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09
141-085-0695 Administrative Protection of CM Sites (1) Administrative Protection Instruments. All CWM sites must be protected from adverse impacts in perpetuity with appropriate protection instruments. Administrative protection for CNWM sites may be required. (2) Protection Instrument Standards. Protection instruments must meet the following standards: (a) The permanent protection instrument must prohibit any uses of the CM site that would violate conditions of the removal-fill authorization or otherwise adversely affect functions and values provided by the CM site; (b) Any proposed revisions to the protection instrument require prior approval from the Department; (c) A conservation easement may only be granted to qualifying parties set forth in ORS 271; (d) Conservation easements must provide the Department a third party right-of-enforcement; and (e) Must include a Right of Entry or an access easement, conveyed to the Department and recorded on the deed for all CM sites on non-public lands, using a template provided by the Department. (3) Publicly Owned CM Sites. For publicly owned CWM sites, administrative protection may be provided through an adopted management plan. Such plan will provide for appropriate protection of the CM site as determined by the Department. Statutory/Other Authority: ORS 196.825 & 196.600-196.692 Statutes/Other Implemented: 196.600-196.692 & 196.795 - 196.990 History: DSL 2-2019, amend filed 03/28/2019, effective 04/01/2019 DSL 3-2012, f. 9-28-12, cert. ef. 9-29-12 DSL 1-2011, f. & cert. ef. 3-1-11 DSL 1-2009, f. 2-13-09, cert. ef. 3-1-09