justicedao/ipfs_state_laws huggingface dataset:
141-082-0295 Lease and Public Facility License Modifications for Size and Use (1) Change in Use: The holder of a lease or public facility license may not change the authorized use without prior written authorization from the Department. The holder shall submit an application to the Department that includes certification indicating that the proposed change is consistent with local, state, or federal law. The holder shall submit an application to the Department on a form provided by the Department together with an application fee of $750. (2) Reconfiguration of existing Uses and Structures: The holder of a lease or public facility license may change the internal arrangement of the uses or structures within an authorized area without prior written authorization from the Department. However, the holder must provide the Department written notice of the change no less than 90 days after the change. The written notice to the Department must include a drawing with dimensions and photographs documenting the change. (3) Increase in area: The holder of a lease or public facility license may not increase the authorized area without prior written authorization from the Department. The holder shall submit an application to the Department that includes certification indicating that the proposed expansion is consistent with local, state, or federal law. The holder shall submit an application to the Department on a form provided by the Department together with an application fee of $750. (4) Decrease in area: The holder of a lease or public facility license may reduce the size of the authorized area without prior written authorization from the Department. However, the holder must provide the Department written notice of the reduction in the size of the authorized area, and an administrative fee of $375, no less than 90 days after the change. The written notice to the Department must include a drawing with dimensions and photographs documenting the change. (5) The Department will process and review all applications for changes of the authorized use or for an increase in the authorized area under a lease or public facility license in the same manner as a new lease or public facility license application as specified in these rules. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17 DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13
141-082-0311 Submerged Lands Enhancement Fund (1) The Submerged Lands Enhancement Fund (fund) is a fund established in the State Treasury separate from the General Fund. Interest earned by the Submerged Lands Enhancement Fund shall be credited to the fund. Moneys out of the fund are intended to be used to enhance, improve or protect state-owned submerged and submersible lands. (2) The fund shall consist of: (a) Moneys recovered by the Department for payments made from the fund from the owner of an abandoned or derelict structure. (b) Up to 20 percent of the revenue collected by the Department per biennium pursuant to the Department’s granting of leases, easements, registrations, and other permissions to use or occupy state-owned submerged or submersible lands. (3) Moneys in the Submerged Lands Enhancement Fund may be used to pay the expenses of the Department associated with management and enhancement activities on state-owned submerged and submersible lands, including but not limited to: (a) Removal, salvage, storage and disposal of abandoned or derelict structures; (b) Removal and disposal of marine debris; (c) Assistance with the salvage, towing, storage and disposal of abandoned or derelict vessels pursuant to ORS 830.908 to 830.944. (d) Engagement in activities to improve water quality, watershed enhancement and fish and wildlife habitat on submerged and submersible lands. (4) The Department shall select and prioritize projects for funding using an application review team consistent with requirements specified in this rule. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17
141-082-0312 Grant Eligibility Eligibility Requirements: The Department may use moneys in the fund to provide funding to the following entities to assist the Department in completing any of the management or enhancement activities on state owned submerged or submersible land provided for in subsection (3) above; (1) State agency, (2) County, (3) City, (4) Water improvement district, (5) Watershed council, (6) Park and recreation district, (7) Port district, (8) Federal recognized Indian tribe, or (9) Non-profit organization. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17
141-082-0313 Application Process Application Requirements: (1) Depending on availability of funds, the Department shall periodically solicit applications for requesting moneys from the Submerged Lands Enhancement fund for eligible activities. (2) Entities are limited to those identified in OAR 141-082-0312. Applications must be submitted to the Department consistent with these rules and by the deadline established by the Department. (3) Applications for funding shall be submitted using forms provided by the Department and provide the following information; (a) Applicant name and contact information. (b) Participating partners, if any. (c) Project name. (d) Detailed description of purpose and need for project. (e) Relevancy to protect Public Trust Values (recreation, commerce, fisheries and navigation). (f) Project location. (g) Local jurisdiction approval. (h) Project schedule including times of project beginning and completion. (i) Amount of funding requested. (j) Itemized budget. (k) Confirmation of contributing match. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17
141-082-0314 Application Review and Project Evaluation (1) The Department shall use an application review team to assist in the review and evaluation of eligible projects, prioritize funding requests and recommend funding allocation. Members of the review team may include, but are not limited to: (a) Oregon Department of Fish and Wildlife, (b) Oregon Department of Environmental Quality (c) Oregon Marine Board (d) Non-Profit Organization (2) The application review team shall make funding recommendations to the Director based on the following criteria; (a) Significance of benefit to state owned land. (b) Protection or enhancement of Public Trust Values. (c) Capacity of applicant to perform the work. (d) Likelihood of project success. (e) Ability to meet match obligation. (3) Limitations of Use of Submerged Lands Enhancement Funds; (a) Activities associated with compensatory mitigation requirements shall not be funded. (b) 25% match is required for projects not initiated by the Department (may be in-kind or cash). (c) Activities must be associated with management or enhancement of state-owned submerged or submersible lands consistent with these rules. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17
141-082-0315 Civil Penalties (1) The unauthorized use of state-owned land managed by the Department constitutes a trespass. (2) In addition to any other penalty or sanction provided by law, the Director may assess a civil penalty of not less than $50 per day, and not more than $1,000 per day of violation of any provision of these rules or ORS 274 that occurs on state-owned submerged and submersible lands pursuant to ORS 274.992. (3) The Director shall give written notice of a civil penalty incurred under OAR 141-082-0315(2) by registered or certified mail to the person incurring the penalty. The notice shall include, but not be limited to the following: (a) The particular section of the statute, rule, or written authorization involved; (b) A short and clear statement of the matter asserted or charged; (c) A statement of the party's right to request a hearing within 20 calendar days of the date of service of the notice; (d) The time allowed to correct a violation; and (e) A statement of the amount of civil penalty which may be assessed and terms and conditions of payment if the violation is not corrected within the time period stated. (4) The person incurring the penalty may request a hearing within 20 calendar days of the date of service of the notice provided in OAR 141-082-0315(3). Such a request must be in writing. If no written request for a hearing is made within the time allowed, or if the party requesting a hearing fails to appear, the Director may make a final order imposing the penalty. (5) The amount of a civil penalty shall not be less than $50 per day, or more than $1,000 per day for violation of an authorization issued under ORS 274.992 or violation of any administrative rule adopted under ORS 274. (6) In imposing a penalty under OAR 141-082-0315 of these rules, the Director shall consider the following factors as specified in ORS 274.994: (a) The past history of the person incurring a penalty with regard to other trespasses on state-owned land managed by the Department and the willingness of the person to take all feasible steps or procedures necessary or appropriate to correct any violation; (b) Any prior violations of statutes, rules, orders and authorizations pertaining to submerged and submersible lands; (c) The impact of the violation on public trust uses of commerce, navigation, fishing and recreation; and (d) Any other factors determined by the Director to be relevant and consistent with the policy of these rules. (7) Pursuant to ORS 183.745(2), a civil penalty imposed under OAR 141-082-0315 shall become due and payable 10 calendar days after the order imposing the civil penalty becomes final by operation of law or on appeal. (8) If a civil penalty is not paid as required by OAR 141-082-0315(7), interest shall accrue at the maximum rate allowed by law. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17 DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13
141-082-0320 Registration of Structures and Uses (1) Structures and uses subject to registration under this section are set forth in OAR 141-082-0265(3). (2) The Director may determine that other structures and uses similar to those specified in OAR 141-082-0265(3) are also subject to registration and the rules governing registrable structures and uses. If the Director determines that a structure or use is registrable, s/he shall assign an appropriate fee. (3) A person who fails to apply for and obtain a registration, or who fails to renew an expired registration, for a structure or use subject to a registration under these rules is in trespass and subject to the civil penalties provided in OAR 141-082-0315. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17 DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13
141-082-0325 Registration Requirements and Provisions (1) All persons: (a) Owning or placing structures on, or using state-owned submerged and submersible land in a way that is subject to registration under these rules must register the structure or use with the Department. (b) Changing the location of a registered structure or use must notify the Department in writing 90 calendar days prior to such placement, or change in location. (c) Making any modifications, including a change in size of the registered structure or a change in the registered use must notify the Department 90 calendar days prior to making such a modification. (2) Except as provided in OAR 141-082-0325(3), an applicant for a registration must use a form provided by the Department and submit a registration form for all registrable structures or uses. (3) A single registration form may be used to apply for a registration for all dikes, rip-rap, tide gates, erosion control barriers and other structures that occupy state-owned submerged and submersible land if they are located within: (a) The jurisdiction of, and actively maintained by a diking or drainage district, or (b) Contiguous parcels owned by the same person and maintained by that person. (4) Except as provided in OAR 141-082-0335(2), each registration must be accompanied by a fee payment in the amount indicated in OAR 141-082-0335 of these rules. (5) The Department shall not issue a registration where the Department determines that the use or structure: (a) Will unreasonably interfere with the public's right to use the waterway and state-owned submerged and submersible land for fishing, navigation, commerce, and recreation; (b) Will not comply with all applicable local, state, and federal laws including the local comprehensive plan and zoning requirements. (6) Prior to issuance of a registration to use or occupy state-owned submerged and submersible land for the uses described in OAR 141-082-0265(3) (e), (f), (g) and (h) of these rules, the applicant, as a condition of their authorization and as required by ORS 274.043(6), must indemnify and hold harmless the State of Oregon from all liability and claims arising from or attributable to the use or occupation. The applicant’s obligation to indemnify and hold harmless the State of Oregon from all liability and claims arising from or attributable to the use or occupation must be in writing on a form provided by the Department. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17 DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13
141-082-0330 Registration Terms and Conditions (1) A registration issued by the Department shall be for a term of five years for all structures and uses. (2) Unless otherwise prohibited by law, any registered structure or use in compliance with these rules may be repaired or replaced in a manner consistent with the requirements of OAR 141-082-0325, and remain authorized under the original registration issued by the Department. However, any person making such repairs to a structure that changes its use or the area it occupies, or who replaces a structure entirely, must notify the Department in writing within 90 calendar days of making such repairs or replacement as a condition of the registration. (3) The Department must be notified in writing of any: (a) Change in the location or size of a registered structure or use 90 calendar days prior to such change; (b) Change in ownership of a registered structure or use as a result of a sale or conveyance within 90 calendar days of the transfer of ownership. (c) Change in ownership by operation of law resulting from a bankruptcy, foreclosure, estate settlement, or the like within 30 calendar days of the final settlement or decision. Failure to notify the Department of a change in the location, size, or the ownership of, a registered structure or use within the time provided shall result in the automatic termination of the registration. (4) Registrations for privately-owned structures and uses subject to registration must be renewed every five years. An owner who fails to renew an expired registration for a structure or use subject to a registration under these rules is in trespass and subject to the civil penalties provided in OAR 141-082-0315. (5) The Department may condition a registration to ensure compliance with law or these rules. The Department may modify the conditions of a registration, or terminate a registration, if during the term of the registration the Department determined that the structures or uses do not comply with law or these rules. (6) The Department shall provide a copy of the registration to the appropriate county official in the county where the registered structure is located. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17 DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13
141-082-0335 Fees (1) Except as provided in OAR 141-082-0335(2), the fee for a registration is as follows: (a) $250 on and after January 1, 2017 for a dock/float or boat house 1,000 square feet or less in size (measurement excludes calculation of associated gangways, dolphins, pilings and protective booms); and any boat ramp not associated with another authorized waterway structure. (b) $500 on and after January 1, 2017 for a dock/float or boat house from 1,001 square feet to 2,000 square feet in size (measurement excludes calculation of associated gangways, dolphins, pilings and protective booms). (c) $600 on and after January 1, 2017 for a dock/float or boat house from 2,001 square feet to 2,500 square feet in size. Measurement excludes calculation of associated gangways, dolphins, pilings and protective booms. (d) $700 on and after January 1, 2017 for a floating recreational cabin. Measurement excludes calculation of pilings, dolphins, mooring buoys, and protective booms. (e) $250 on and after January 1, 2017 for a water sport structure, pilings, or a boat ramp not associated with another authorized waterway structure. (2) No fee or other compensation is required for registering or renewing a registration for the following uses or structures: (a) Erosion control structures, Rip-rap and tide gates. (b) Structures maintained by a diking or drainage district. (c) Rights of way established prior to November 1, 1981 for any county road or city street. (d) Voluntary habitat restoration work. (3) The fee for structures or uses not listed above that are subject to registration under these rules as determined by the Director under OAR 141-082-0265(3)(i) shall be determined on a case by case basis and be not less than $250. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17 DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13
141-082-0340 Appeals (1) An applicant for an authorization, or any other person adversely affected by a decision by the Department concerning an authorization, closure of, or restriction to the use of state-owned submerged and submersible land may appeal the decision to the Director. (a) Such an appeal must be received by the Director no later than 30 calendar days after the delivery of the decision. (b) The Director shall decide the appeal within 60 calendar days after the date of delivery of the appeal. (c) The Director may affirm the decision, issue a new or modified decision, or request the appellant to submit additional information to support the appeal. (2) When an applicant for an authorization to use state-owned submerged and submersible land or any other person adversely affected by a decision of the Department concerning an authorization has exhausted the appeal process before the Director, s/he may submit an appeal for a contested case hearing pursuant to ORS 183.413 through 183.470. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17 DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13
141-083-0800 Purpose and Applicability These rules: (1) Govern the granting and renewal of easements for fiber optic and other cables on state-owned submerged and submersible land within the Territorial Sea. (2) Establish a process for authorizing easements for such cables. (3) Supersede any provisions contained in OAR 141-083-0010 through 141-083-0700 relating to fiber optic and other cables within the Territorial Sea. (4) Do not apply to landing structures or other equipment related or connected to the cable placed on state-owned upland. Such uses are governed by, and require forms of authorization stipulated in other agency rules. 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
141-083-0820 Definitions (1) “Cable” means a conductor of electricity or light with insulation or a combination of conductors insulated from one another. (2) “Cable Easement” is an authorization issued by the Division designating the route where a cable is to be laid on state-owned submerged and submersible land within the Territorial Sea. A cable easement does not grant any other proprietary or other rights of use to the holder. (3) “Director” means the Director of the Division of State Lands. (4) “Division” means the Division of State Lands. (5) “Fiber Optic Cable” means an insulated and often armored cable used to transmit telecommunications through glass fibers using pulses of light. (6) “Goal 19” is the Statewide Planning Goal to conserve the long-term values, benefits, and natural resources of the nearshore ocean and the Continental Shelf. (7) “Landing” means the site on shore where a fiber optic or other cable is attached to land-based cable(s). A landing may consist of a beach manhole, receiving building, and associated equipment. If the landing is located on state-owned upland, additional authorization(s) shall be obtained from the Division or other land-owning agency (for example, Oregon State Parks) as well as other required approvals from state and local government agencies. (8) “Ocean Policy Advisory Council” or “OPAC” has the same meaning as provided in ORS 196.438. (9) “Ocean Users” include, but are not limited to persons using the Territorial Sea for commerce, navigation, fishing and recreation. (10) “Person” is an individual at least eighteen (18) years old, a political subdivision or public agency, or any corporation, association, firm, partnership, joint stock company, or quasi-public corporation registered to do business in the State of Oregon. (11) “Territorial Sea” has the same meaning as provided in ORS 196.405(6). It includes the waters and seabed extending three geographical miles seaward from the line of mean low water seaward to the extent of state jurisdiction. (12) “Territorial Sea Management Plan” has the same meaning as provided in ORS 196.405(7). It is the plan for managing Oregon’s Territorial Sea and ocean shore as required under 196.405 through 196.580. 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
141-083-0830 Cable Easement Application Requirements (1) Any person wanting to place a cable in the Territorial Sea shall obtain an easement from the Division, and approval by the Land Board. (2) Unless otherwise allowed by the Director, a fully completed application for an easement shall be submitted to the Division at least one-hundred and eighty (180) days prior to placement of any part of the cable or construction of any associated landing-related facility or equipment on state-owned submerged and submersible land within the Territorial Sea. Each application for a cable easement shall be accompanied by a non-refundable application processing fee payable to the Division in the amount indicated in OAR 141-083-0830(3) of these rules. (3) Each application for a cable easement crossing the Territorial Sea shall be accompanied by a non-refundable deposit payable to the Division in the amount of five thousand dollars ($5,000). (4) Should the Division, in consultation with the applicant and other interested parties, determine that it is necessary to conduct environmental or other studies necessary to assist in evaluating the project’s compliance with the requirements of Statewide Planning Goal 19 and the Territorial Sea Management Plan, the applicant shall be directly responsible for retaining and paying for the requisite studies. 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