justicedao/ipfs_state_laws huggingface dataset:
141-142-0160 Ecola Point Marine Conservation Area All state-owned submerged and submersible land encompassing the shoreline and ocean along the headland from 194 yards northeast of the tip of Bald Point to 176 yards north of Waterfall Creek to the south, including all beaches and nearshore rocks within the two lines, is within the Ecola Point Marine Conservation Area. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implemented: ORS 196.555 History: DSL 1-2025, adopt filed 02/12/2025, effective 02/12/2025
141-142-0165 Fogarty Creek Marine Conservation Area (1) All state-owned submerged and submersible land further described below is within the Fogarty Creek Marine Conservation Area: (a) The intertidal and subtidal zones between the southern flank of Fishing Rock and the southern flank of the rocky platform located 180 yards south of Fogarty Creek. (b) The seaward boundary line of Fogarty Creek Marine Conservation Area extends to a point at Latitude 44° 50.405' (44° 50’ 24” N), Longitude - 124° 03.478' (124° 3’ 29” W) (Point A); (c) Then northeast to a point at Latitude 44° 50.782' (44° 50’ 47” N), Longitude - 124° 03.208' (124° 3’ 12” W). (2) All coordinate information is provided in WGS84 coordinate system (geographic latitude/longitude) and has not been verified by a licensed surveyor. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implemented: ORS 196.555 History: DSL 1-2025, adopt filed 02/12/2025, effective 02/12/2025
141-142-0170 Gregory Point Marine Research Area (1) All state-owned submerged and submersible land bounded by the following points is within the Gregory Point Marine Research Area: (a) Beginning from a point at Latitude 43° 20.312’ (43° 20’ 19” N), Longitude -124° 22.838’ (124° 22’ 50” W) (Point A); (b) Then northwest to a point at Latitude 43° 20.598’ (43° 20’ 36” N), Longitude -124° 22.895’ (124° 22’ 54” W) (Point B); (c) Then east to a point at Latitude 43° 20.650’ (43° 20’ 39“ N), Longitude -124° 22.637’ (124° 22’ 38” W) (Point C); (d) Then southeast along the MHWL to Latitude 43° 20.402’ (43° 20’ 24“ N), Longitude -124° 22.545’ (124° 22’ 33“ W) (Point D); (e) Then in a southwesterly direction back to the point of beginning (Point A). (2) All coordinate information is provided in WGS84 coordinate system (geographic latitude/longitude) and has not been verified by a licensed surveyor. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implemented: ORS 196.555 History: DSL 1-2025, adopt filed 02/12/2025, effective 02/12/2025
141-142-0175 Harris Beach Marine Garden All state-owned submerged and submersible land between a line perpendicular to shore from the Harris Beach State Park beach access parking area and a line perpendicular to shore from the road entrance to Harris Beach State Park off Highway 101 is within the Harris Beach Marine Garden. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implemented: ORS 196.555 History: DSL 1-2025, adopt filed 02/12/2025, effective 02/12/2025
141-142-0180 Haystack Rock Marine Garden All state-owned submerged and submersible land within a 300-yard radius around the base of Haystack Rock (Cannon Beach), including all tidepools and beaches between extreme high and low tides, is within the Haystack Rock Marine Garden. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implemented: ORS 196.555 History: DSL 1-2025, adopt filed 02/12/2025, effective 02/12/2025
141-142-0185 Neptune State Park Marine Research Area All state-owned submerged and submersible land in the intertidal area between the northerly and southerly boundaries of Neptune State Park is within the Neptune State Park Marine Research Area. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implemented: ORS 196.555 History: DSL 1-2025, adopt filed 02/12/2025, effective 02/12/2025
141-142-0190 Pirate Cove Marine Research Area (1) All state-owned submerged and submersible land East of a line drawn across the mouth of Pirate Cove, and defined by the following points is within the Pirate Cove Marine Research Area: (a) Beginning from a point at Latitude 44° 49.083’ (44° 49’ 5” N), Longitude -124° 04.035’ (124° 4’ 2” W) (Point A); (b) Then to north a point at Latitude 44° 49.146’ (44° 49’ 9” N), Longitude - 124° 04.060’ (124° 4’ 4” W) (Point B). (2) All coordinate information is provided in WGS84 coordinate system (geographic latitude/longitude) and has not been verified by a licensed surveyor. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implemented: ORS 196.555 History: DSL 1-2025, adopt filed 02/12/2025, effective 02/12/2025
141-142-0195 Whale Cove Marine Conservation Area (1) All state-owned submerged and submersible land East of a line drawn across the mouth of Whale Cove, and defined by the following points, is within the Whale Cove Marine Conservation Area: (a) Beginning from a point at Latitude 44° 47.237' (44° 47’ 14” N), Longitude -124° 04.298' (124° 4’ 18” W) (Point A); (b) Then north to a point at Latitude 44° 47.367' (44° 47’ 22” N), Longitude -124° 04.32' (124° 4’ 19” W) (Point B). (2) All coordinate information is provided in WGS84 coordinate system (geographic latitude/longitude) and has not been verified by a licensed surveyor. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implemented: ORS 196.555 History: DSL 1-2025, adopt filed 02/12/2025, effective 02/12/2025
141-142-0200 Yachats Marine Garden All state-owned submerged and submersible land in the intertidal area between the north and south boundaries of Yachats State Park is within the Yachats Marine Garden. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implemented: ORS 196.555 History: DSL 1-2025, adopt filed 02/12/2025, effective 02/12/2025
141-142-0205 Yaquina Head Marine Garden All state-owned submerged and submersible land in the intertidal area along the north and south sides of Yaquina Head, including rocky areas abutting the sandy beaches along the headland, is within the Yaquina Head Marine Garden. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implemented: ORS 196.555 History: DSL 1-2025, adopt filed 02/12/2025, effective 02/12/2025
141-142-0210 Otter Rock Marine Garden All state-owned submerged and submersible land in the intertidal area between the highest point at Cape Foulweather and Devils Punchbowl is within the Otter Rock Marine Garden. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implemented: ORS 196.555 History: DSL 1-2025, adopt filed 02/12/2025, effective 02/12/2025
141-142-0215 Cape Perpetua Marine Garden All state-owned submerged and submersible land in the intertidal area between the north side of Devils Churn and the north boundary of Neptune State Park is within the Cape Perpetua Marine Garden. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implemented: ORS 196.555 History: DSL 1-2025, adopt filed 02/12/2025, effective 02/12/2025
141-145-0000 Purpose and Applicability (1) These rules: (a) Govern the granting and renewal of access authorizations, leases, and easements issued to facilitate remediation conducted pursuant to an order issued by the Oregon Department of Environmental Quality (ODEQ) or the United States Environmental Protection Agency (EPA) and habitat restoration activities in, on, under or over state-owned submerged and submersible land including, but not limited to: (A) Site monitoring; (B) Site habitat restoration; (C) Environmental dredging; (D) Mitigation; (E) Monitored natural recovery; (F) Enhanced monitored natural recovery; and (G) Construction and maintenance of a soil cap or sediment cap (b) Are to facilitate access needed for remediation and restoration of state-owned submerged and submersible lands and not to require any action that is contrary to or in conflict with any order, work plan, design, or other deliverable approved by the ODEQ or EPA, and do not apply to the granting of: (A) Easements on state-owned submerged and submersible land governed by Division 122 or Division 123 of the Department’s administrative rules; (B) Authorizations for leases, licenses and registrations for structures on and uses of state-owned submerged and submersible lands governed by division 82 of the Department’s rules; (C) Authorizations for special uses of state-owned submerged and submersible land such as to conduct site investigations and scientific experiments as governed by division 125 of the Department’s administrative rules; (D) Land sale approvals governed by division 67 of the Department’s administrative rules. (E) Any regulatory permits that may be required, including permits governed by division 85 of the Department’s administrative rules. (F) Authorizations for uses and structures specifically governed by any other chapter of the Department’s administrative rules; and, (G) Authorizations for uses other than removal, remediation, or restoration. (c) Clarify that all uses of, and structures occupying state-owned submerged and submersible land not otherwise exempt from authorization under these rules or other state law, require prior written authorization from the Department pursuant to these rules. (2) The Director may determine other uses and structures similar to those specified in OAR 141-145-0015 that are subject to a specific authorization under these rules. (3) An application submitted under these rules to remove royalty exempt material (as defined in ORS 274.550) does not require a sand and gravel authorization under division 14. Submitting an application for this activity under these rules satisfies the requirement that an application be submitted under division 14. (4) Requirements of the Lower Willamette River Management Plan, OAR 141-080-0105, do not apply to authorizations issued under these rules. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 8-2020, minor correction filed 05/12/2020, effective 05/12/2020 DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0010 General Provisions (1) All tidally influenced and title navigable waterways (referred to as state-owned submerged and submersible land) have been placed by the Oregon State Legislature under the jurisdiction of the State Land Board and the Department, as the administrative arm of the State Land Board. (2) The State Land Board, through the Department, has a constitutional responsibility to manage "the lands under its jurisdiction with the object of obtaining the greatest benefit for the people of this state, consistent with the conservation of this resource under sound techniques of land management" pursuant to Article 8, Section 5(2) of the Oregon Constitution. This responsibility requires that the Department receives fair compensation for the use or disposal of state-owned land managed by the Department. (3) State-owned submerged and submersible land is managed to ensure the collective rights of the public, including riparian owners, to fully use and enjoy this resource for commerce, navigation, fishing, recreation and other public trust values. These rights are collectively referred to as “public trust rights.” (4) No person is allowed to place a structure on, or make use of state-owned submerged and submersible land, regardless of the length of time the structure may have existed on, or the use may have occurred on the land, without the required authorization described in these rules, unless the structure or use is exempt from such authorization. Ownership of state-owned submerged and submersible land cannot be obtained by adverse possession regardless of the length of time the structure or use has been in existence. (5) All uses of state-owned submerged and submersible land must conform to applicable local (including local comprehensive land use planning and zoning ordinance requirements), state and federal laws. (6) No applicant or holder is allowed to request from any government agency a change in the zoning for, or approved uses of state-owned submerged and submersible land without first applying to, and receiving written approval from the Department. (7) All references in these rules to “state-owned submerged and submersible land” include state-owned submerged lands or submersible lands or both. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0015 Types of Authorizations (1) Access Authorization: Uses of state-owned submerged and submersible land for a term less than three (3) years, for purposes of, including but not limited to: (a) Site monitoring; (b) Habitat restoration; (c) Environmental dredging; (d) Monitored natural recovery; or (e) Enhanced monitored natural recovery. (2) Easement: Uses of state-owned submerged and submersible land for more than three (3) years including but not limited to: (a) Construction and maintenance of permanent structures associated with removal or remedial activities. For the purposes of these rules, soil and sediment caps are considered a permanent structure. (b) Site monitoring; (c) Environmental dredging; (d) Monitored natural recovery; or (e) Enhanced monitored natural recovery (3) Lease: Uses of state-owned submerged and submersible land including but not limited to construction and maintenance of a non-permanent structure or structures. (4) Conservation Easement: Use of state-owned submerged and submersible land for which the applicant is seeking long-term use restrictions to protect its conservation value. Conservation easements may be issued in perpetuity or for a term of years. (5) The Department may, at its discretion, authorize multiple uses by a holder under one authorization. The Department will evaluate the proposed project as a whole, and offer the authorization that accommodates the longer term use. For example, the Department may evaluate a project that includes environmental dredging for one year and monitored natural recovery for twenty years. In this example the Department would offer one easement, or lease, that would authorize both uses of state-owned submerged and submersible lands. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0020 Pre-Application Requirements Prospective applicants for an easement, conservation easement, or lease shall meet with Department staff to discuss the proposed project and use before submitting an application to the Department. This meeting may be in person or through other means acceptable to the Department. The Department may invite other government entities and affected stakeholders to take part in a pre-application meeting. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0025 Application Requirements for an Access Authorization, Lease or Easement (1) Any person wanting to use state-owned submerged and submersible land for a use that is subject to an access authorization, lease or easement must, using a form provided by the Department, apply for and obtain the required authorization prior to using the submerged and submersible land. (2) An application for an access authorization should be submitted at least ninety (90) days before the requested issuance date. (3) An application for an easement or lease should be submitted at least one hundred and twenty (120) days before the requested issuance date. (4) The applicant for an easement or lease must have a survey of the requested area conducted by a registered professional land surveyor. The Department will provide survey instructions and specify the information required in the survey and accompanying notes. The application will not be deemed complete without the survey. The applicant is responsible for any costs of the survey. (5) All applications for an access authorization must be fully completed and accompanied by a non-refundable application fee in the amount of $750, payable to the Department. (6) All applications for an easement, conservation easement, or lease administered under these rules must be fully completed and accompanied by a non-refundable application fee in the amount of $1,250, payable to the Department. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0030 Access Authorization and Easement Application Review and Approval Process (1) Upon receipt of an application to use state-owned submerged and submersible land, the Department will review it to determine if it is complete. If the application is complete and the use is subject to these rules, the application will be deemed accepted by the Department. (2) If an application is determined by the Department to be incomplete, the Department will notify the applicant that the application is incomplete and provide a list of additional information required. If an incomplete application is resubmitted within 120 calendar days from the date the Department determined the application incomplete, no additional application fee will be assessed. (3) The Department may reject an application for an authorization if: (a) The applicant's financial status or past business/management practices or experience indicates that it may not: (A) Be able to fully meet the terms and conditions of the authorization offered by the Department; or (B) Use the land for which authorization is sought in a way that meets the provisions of these rules. (b) The applicant is not in compliance with the terms and conditions on any other authorization granted to them by the Department. (4) Except as provided in OAR 141-145-0030(5), the Department will notify the appropriate city or county planning department, pertinent state and federal agencies, federally recognized tribal governments, ports and all lessees and adjacent riparian property owners (as available from the local county assessor's office records) and other interested parties of the application and request review and comment. The Department may require the applicant to respond to comments where applicable. (5) The Department may elect not to request review and comment on an application as provided in OAR 141-145-0030(4) if the use or structure: (a) Has already received the necessary city or county approvals; (b) Has been subjected to public comment during a prior circulation; and, (c) Has not changed in terms of the size of the authorized area or use of that area since the time those approvals were given. (6) Based on its evaluation of the application and the comments received, the Department will: (a) Approve the application and move forward with the issuance of the requested authorization. (b) Require that the applicant modify, and as deemed necessary by the Department, resubmit the application; or (c) Deny the application. (7) An applicant or an affected party who submitted a timely comment on the proposed project has the right to appeal a decision under the provisions of OAR 141-145-0090. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0035 Lease Application Review and Approval Process (1) An application for a lease shall meet the provisions of OAR 141-145-0030. (2) Pursuant to ORS 274.040, a preference right to lease state-owned submerged and submersible lands must be offered to the adjacent riparian property owner. (3) If the preference right holder waives the preference right, the Department will put the lease out for competitive bid pursuant to the requirements of OAR 274.040. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0045 Insurance and Bond (1) The Department may require the holder to obtain insurance in specified types and amounts if the Department determines that the proposed use presents a potential risk to other uses, to public trust uses, to public health, welfare, safety, the environment or to the State of Oregon, or if otherwise required by law. The Department shall require that the State of Oregon be named as an additional insured party in any such policy. (2) The Department shall determine the required types and amounts of the insurance coverage the holder must obtain based on the nature and location of the use, potential risks and liabilities associated with that use, use restrictions associated with that use, any requirements of law, and any other unique aspects of the proposed use the Department determines to be relevant. (3) The Department may, at its discretion, require that the holder obtain a surety bond or letter of credit in an amount specified by the Department or as required by law to secure performance of all terms and conditions of an authorization and performance of all terms and conditions of any order or agreement under which remedial work is being conducted. (4) Nothing in this section shall be construed as preempting, limiting, or superseding any protections and limitations afforded to sureties under federal and state law. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14
141-145-0050 Special Conditions for a Soil or Sediment Cap (1) The holder of an authorization for a soil or sediment cap must maintain cost estimates of the amount of financial assurance that is necessary for the purposes below, and demonstrate to the Department’s satisfaction that the holder has in effect the amount and form of required financial assurance, for: (a) The costs of maintaining and monitoring of the sediment cap; and (b) Any corrective action required by the Department or any other local, state or federal government agency with jurisdiction over the site to be taken at the site of the sediment cap. (2) Such cost estimates and evidence of the required financial assurance must be provided in writing to the Department: (a) Prior to the granting of the authorization; and (b) On an annual basis to be received by the Department by January 31 of every calendar year following the granting of the authorization by the Department or, on a more frequent basis as required by the Department. (3) The financial assurance required by OAR 141-145-0050(1) may be satisfied by any one, or a combination of the following: (a) Insurance specific to the construction and maintenance of a soil or sediment cap; (b) Establishment of a trust fund with cash to the required dollar amount, with the benefactor as the State of Oregon, Department of State Lands; (c) Surety bond; (d) Letter of credit; or (e) Other financial assurance mechanisms as deemed acceptable by the Department. (4) The Department will accept documented financial assurance provided by a holder through an existing order issued by the ODEQ or EPA as evidence that the requirements of this section have been met. (5) Nothing in this section shall be construed as preempting, limiting, or superseding any protections and limitations afforded to sureties under federal and state law. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14