justicedao/ipfs_state_laws huggingface dataset:
141-125-0210 Enforcement Actions; Civil Penalties and Other Remedies (1) Upon the Director’s own initiative, or in response to a complaint, the Director may investigate a suspected violation of a special use authorization or the alleged unauthorized use of state land to determine if use of the state land conforms with the terms and conditions of a special use authorization, or to determine if the use is not authorized. (2) In conducting the inspection relative to suspected or alleged violations of a special use authorization issued by the Director, the Director, or the Director’s agent, may enter onto private property of the holder of the authorization in order to determine if a violation has occurred. (3) Upon a determination that a violation of the special use authorization has occurred or that an unauthorized use of state land has occurred, the Director may exercise the remedies set forth in the special use authorization, any other remedies available at law, or impose civil penalties consistent with OAR 141-125-0210(4), below. (4) The unauthorized use of state-owned submerged and submersible land or a violation of a special use authorization granted under these rules authorizing the use of state-owned submerged and submersible land are a violation of ORS 274.040 and OAR 141-082. In addition to any other penalty or sanction provided by law, the Director may assess a civil penalty pursuant to ORS 274.992, 274.994, and OAR 141-082-0130 for the unauthorized use of state-owned submerged and submersible land, or for the violation of a special use authorization granted under these rules authorizing the use of state-owned submerged and submersible land. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5 History: DSL 3-2008, f. & cert. ef. 10-15-08 DSL 1-2002, f. 2-7-02, cert. ef. 3-1-02
141-125-0220 Reconsideration of Decision (1) An applicant for a special use authorization, or any other person adversely affected by the issuance or denial of special use authorization on state-owned land may request that the Director or the Land Board, depending upon which entity made the decision, reconsider the decision: (a) Such a request must be received by the Director no later than 30 calendar days after the date of delivery of the decision. (b) The Director will review the request within 60 calendar days after the date of delivery of the request. (c) If the Director made the decision of concern, s/he may affirm the decision, issue a new or modified decision, or request the applicant to submit additional information to support the appeal. (d) If the decision was made by the Land Board, the Director may recommend to the Land Board either that the special use authorization issuance or denial be affirmed based on the merits of the request, or that the Land Board authorize initiation of a contested case proceeding. (2) If the Director recommends initiating a contested case proceeding, the Department will select a hearing officer and proceed pursuant to ORS 183.413 through 183.470. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5 History: DSL 3-2008, f. & cert. ef. 10-15-08 DSL 1-2002, f. 2-7-02, cert. ef. 3-1-02
141-125-0290 Competitive Bidding Process (1) The Department will give Notice of Parcel Availability and provide an opportunity for applications to be submitted if the Department: (a) Is required to offer all or part of the subject area for competitive bid because the preference right holder did not exercise their preference right to take a lease; or (b) Decides to offer material and parcels containing material for which no application has been received. (2) The Notice of Parcel Availability will state: (a) The location and size of the subject area; (b) The use approved by the Department for the subject area; (c) The type of auction and minimum acceptable bid amount; (d) What developments, if any, on the subject area the applicant must purchase from the existing lessee, and a general estimate of the present value of said developments as determined by the Department; and (e) The deadline for submitting a completed application to the Department. (3) The Notice of Parcel Availability will be: (a) Published at the applicant's or, if more than one applicant, applicants’ expense, with the cost being divided equally among the applicants, not less than once each week for two successive weeks in a newspaper of general circulation in the county or counties in which the subject parcel is located; (b) Posted on the Department’s internet web site; and (c) Sent to persons indicating an interest in the subject parcel. (4) The highest qualified bidder will be awarded the lease at auction subject to satisfaction of the requirements of OAR 141-014-0350(4) and (15) of these rules. However, the Department will have the right to reject any and all bids submitted. (5) The Department may offer material and parcels containing material for which no application has been received to the public through a competitive bidding process. If so, the Department will follow the competitive bidding process provided in OAR 141-125-0280(3) and 141-125-0290(1) through (4) and be responsible for the expenses of publishing the required notices. Statutory/Other Authority: ORS 273.551, 274.525, 274.530, 274.550 & 274.560 Statutes/Other Implemented: ORS 274 .525 & 274 .550 History: DSL 2-2008, f. & cert. ef. 10-15-08
141-126-0100 Purpose and Applicability (1) These rules: (a) Govern the granting and renewal of leases for communication site facilities on state-owned land. (b) Apply to the management of state-owned Constitutional Common School Fund Lands (school lands) and Statutory Common School Fund Lands (statutory lands) for communication site facilities. (c) Establish a process for authorizing such uses through the granting of leases. (d) Do not apply to the granting of proprietary authorizations for uses specifically governed by other department administrative rules. (2) The director may determine other uses and developments similar to those specified in OAR 141-126-0120(8) that are also subject to a communication site facility lease and these rules. Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245 Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5 History: DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024
141-126-0150 Compensation (1) A lessee must remit to the department on a basis provided in the lease annual base rent as determined by the department for the type of use described in OAR 141-126-0150(2) and (3). (2) Minimum annual base rent for communication site facility leases will be: (a) Non-commercial uses: (A) Personal or research and scientific: $750 per year or a one-time, lump sum amount as agreed upon by the department for the term of the lease. (B) Local or county government and emergency services: $3,000 per year. (C) State, Tribal, or federal government and emergency services: $4,500 per year. (D) Non-profit/Non-commercial: $3,000 per year. (b) Commercial uses: (A) Small commercial: $4,000 per year. (B) Medium commercial: $6,000 per year. (C) Large commercial: $8,000 per year. (c) Cellular Communications: (A) Macro cellular facility: $10,000 per year. (B) Small wireless facility: $270 per facility per year. (3) Notwithstanding anything in OAR 141-126-0150(2), in the following circumstances, the department reserves the right to establish the annual base rent in amounts that may be greater than the minimum annual base rent; (a) The minimum bid when the lease is awarded through public auction. (b) At the department’s discretion, an appraisal may be required to determine the market value for the area to be occupied by the communication site facility. (c) This section does not apply to small wireless facilities. (4) The amount of annual base rent paid to the department will increase annually by three percent for every year after the date these Division 126 rules are effective. (5) Upon renewal of a lease, the base rent for first year of the renewal lease will equal the amount of the base rent for the final year of the previous lease plus three percent, unless the department has completed a market value study or an appraisal. (6) To the extent allowed by ORS 758.010, communication site facilities may be exempt from the mandatory compensation payments specified in OAR 141-126-0150. However, the owners of such facilities must apply for and obtain an authorization from the department. Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245 Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5 History: DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024
141-126-0170 Co-location of Communication Site Facilities (1) A lessee wanting to co-locate with a separate person on a portion of an existing communication site facility is required to notify the department in writing at least 90 calendar days prior to the date they propose allowing the co-locator to access the communication site or place or install equipment on the communication site facility. The lessee shall provide the department with a copy of the sublease between the lessee and the co-locator for which the lessee seeks the department’s approval. (2) A lessee wanting to co-locate a small wireless facility with a separate person on an existing structure is required to notify the department in writing at least 60 calendar days prior to the date they propose allowing the co-locator to access the communication site or place or install equipment on the communication site facility. The lessee shall provide the department with a copy of the sublease between the lessee and the co-locator for which the lessee seeks the department’s approval. (3) Lessees submitting a new or renewal co-location sublease to the department for review must submit a non-refundable application processing fee of: (a) Non-commercial uses: $375. (b) Commercial uses: $500. (c) Cellular communication macro cellular facility: $750. (d) Cellular communication small wireless facility: $100. (4) All sublease terms must be approved by the department, and the department may condition approval of a sublease on the lessee revising the sublease in the manner prescribed by the department. (5) For each approved sublease, the lessee shall pay the department on the basis provided in the communication site facility lease the following amounts as additional rent: (a) Non-commercial uses: (A) Personal or research and scientific: $500 one-time payment or 25 percent of fee charged by the lessee to a co-locator per year, whichever is greater. (B) Local or county government and emergency services: $750 one-time payment or 25 percent of fee charged by the lessee to a co-locator per year, whichever is greater. (C) State, Tribal, or federal government and emergency services: $1,125 one-time payment or 25 percent of fee charged by the lessee to a co-locator per year, whichever is greater. (D) Non-profit/non-commercial: $750 one-time payment or 25 percent of fee charged by lessee to a co-locator per year, whichever is greater. (b) Commercial uses: (A) Small commercial: $1,000 per year or 25 percent of fee charged by the lessee to a co-locator per year, whichever is greater. (B) Medium commercial: $1,500 per year or 25 percent of fee charged by the lessee to a co-locator per year, whichever is greater. (C) Large commercial: $2,000 per year or 25 percent of fee charged by the lessee to a co-locator per year, whichever is greater. (c) Cellular communications: (A) Macro cellular facility: 25 percent of the fee charged by the lessee to each co-locator per year. (B) Small wireless facility: $100 per year. Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245 Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5 History: DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024
141-126-0180 Lease Modifications (1) Any current existing lessee in good standing must apply for a lease modification for the purposes of: (a) Equipment upgrade or replacement that results in a change of frequency; or (b) Any proposed ground disturbing activity; or (c) Any change to existing communication site facilities structures, including but not limited to replacing an existing structure such as a building or tower, which results in an increase in the height of a tower, or any change in the footprint of a leased premises. (2) A lessee must apply to the department in writing on a form provided by the department at least 90 calendar days prior to the proposed work being started. The application processing fee for a modification is: (a) Non-commercial use: $250. (b) Commercial use: $500. (c) Cellular communications macro cellular facility: (A) Equipment upgrade or replacement that results in a change of frequency: $500. (B) Modifications per OAR 141-126-0180(1)(b) and (c): $750. (d) Cellular communications small wireless facility: (A) Equipment upgrade or replacement that results in a change of frequency: $250. (B) Modifications per OAR 141-126-0180(1)(b) and (c): $500. (3) Lease modification applications are subject to a review process including, at a minimum, other authorized lessees located at the same communications site. Lease modification applications including changes identified in OAR 141-126-0180(1)(b) and (c) will require concurrence with comprehensive land use planning and zoning from the local planning jurisdiction. (4) If the department approves a lease modification, in order for such modification to be effective, it must be documented through a written amendment to the lease signed by the department and the lessee. Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245 Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5 History: DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024
141-126-0190 Assignment of a Communication Site Facility Lease (1) A lease in good standing is assignable. (2) To request the assignment of a lease, the lessee must submit a: (a) Notice of proposed assignment on a form provided by the department at least 60 calendar days prior to the date that the assignment is requested to occur; and (b) Non-refundable assignment processing fee payable to the department of: (A) Non-commercial use: $250. (B) Commercial use: $500. (C) Cellular communications macro cellular facility: $750. (D) Cellular communications small wireless facility: $250. (3) The department may request additional information concerning the proposed assignment. Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245 Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5 History: DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024
141-126-0200 Insurance and Security; Decommissioning (1) The department will require a lessee to obtain and maintain insurance requirements as determined by the department. (2) The department reserves the right to require the applicant for a communication site facility lease or a lessee to provide information concerning the intended or actual use of the leased premises to the department, which may assist the department in determining the appropriate amounts and types of insurance. (3) The department reserves the right to require a lessee to obtain a surety bond, a letter of credit, or other instrument of guarantee acceptable to the department in an amount specified by the department and which names the State of Oregon as co-owner, to ensure that the lessee will perform in accordance with all terms and conditions of a communication site facility lease or decommissioning plan. (4) The lessee will ensure the Department of State Lands and the applicable authorization number(s) are listed as an additional insured under any and all insurance policies required for the communication site facility lease. (5) The department may require a decommissioning plan for certain communication site facilities as a condition of the lease. (a) In the event a decommissioning plan is required, the lessee has 180 calendar days from the date of lease commencement to submit a decommissioning plan to the department for approval. The decommissioning plan will also include a cost estimate of the decommissioning work. The cost estimate must be prepared by a person qualified by experience and knowledge to prepare such cost estimates. Failure to provide a decommissioning plan when required may result in lease default. (b) The lessee may be required to obtain a surety bond or other financial instrument as described in OAR 141-126-0200(3) for the full amount of the decommissioning costs as determined by the risk assessment. (c) The lessee is required to provide notice to the department in writing 60 calendar days in advance of implementing the decommissioning plan. (d) The lessee must demonstrate to the department that the decommissioning work has been completed within 180 calendar days of termination of the lease to allow the department to release the surety bond or other financial instrument. Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245 Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5 History: DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024
141-126-0210 Competitive Bidding Process (1) Except as provided in OAR 141-126-0110(10) and 141-126-0140(11), the department will determine on a case-by-case basis if a communication site or portion of a communication site requested for a lease will be offered to the public through competitive bidding. This decision will be made after considering: (a) Whether the requested area is for a use located on school lands or statutory lands; (b) The nature of the use and length of authorization requested; and (c) Whether other applications received by the department to use the same requested area for the same or competing uses. (2) The department will give a Notice of Lease Availability and provide an opportunity for applications to be submitted if it determines that the greatest public benefit and trust obligations of the department would be best served by offering the requested area through competitive bidding. (3) The Notice of Lease Availability will state: (a) The location and size of the requested area; (b) The use approved by the department for the requested area; (c) The minimum acceptable bid amount; and (d) The deadline for submitting a completed application to the department. (4) The Notice of Lease Availability will be: (a) Published not less than once each week for two successive weeks in a newspaper of general circulation in the county or counties in which the requested area is located; (b) Posted on the department’s website; (c) Sent to adjacent landowners bordering the requested area; and (d) Sent to persons indicating an interest in the requested area. (5) The department will evaluate all applications received for the requested area as advertised in the Notice of Lease Availability and will determine, at its discretion, the highest qualified applicant. The highest qualified applicant will be offered the lease subject to satisfaction of the requirements of OAR 141-126-0140 and 141-126-0160(3) of these rules. However, the department will have the right to reject any and all bids submitted. (6) In the event no application is received upon the deadline established in the Notice of Lease Availability, the department may choose to offer the lease to the initial applicant per OAR 141-126-0210(1) if applicable or issue another Notice of Lease Availability to solicit competitive bid applications. Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245 Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5 History: DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024
141-126-0220 Termination of a Communication Site Facility Lease for Default (1) If the lessee fails to comply with these rules or the terms and conditions of the lease, or otherwise violates laws governing their use of the leased premises, the department will notify the lessee in writing of the default and may provide an opportunity for correction within a specified time frame. (2) If the lessee fails to correct the default within the time frame specified, the department may modify or terminate the lease and take appropriate legal action. (3) If a lessee fails to remove structures, buildings, or equipment upon termination of the lease, those structures, buildings, and equipment may become property of the department at the discretion of the department. The lessee is responsible for all costs to restore the leased premises to the pre-lease condition and all costs for the removal and disposal of structures, buildings, and equipment left on the leased premises Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245 Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5 History: DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024
141-126-0240 Reconsideration of Decision (1) An applicant for a communication site facility lease, or any other person adversely affected by the issuance or denial of communication site facility lease on state-owned land, may request that the director or the State Land Board, depending upon which made the decision, reconsider the decision: (a) Such a request must be received in writing by the director no later than 30 calendar days after the date of the decision. (b) The director will review the request and reach a decision within 60 calendar days after the date that the director received the request. (c) If the director made the underlying decision, the director may affirm the decision, issue a new or modified decision, or request the applicant to submit additional information to support the request for reconsideration. (d) If the State Land Board made the underlying decision, the State Land Board may affirm the decision, issue a new or modified decision, or request the applicant to submit additional information to support the request for reconsideration. The director may make a recommendation to the State Land Board. (2) Upon exhausting the reconsideration process in subsection (1), the applicant or adversely affected person may submit an appeal for a contested case hearing pursuant to ORS 183.413 through 183.470. Hearing requests must be submitted within 20 calendar days of the decision after reconsideration. Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245 Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5 History: DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024
141-130-0010 Purpose The purpose of OAR chapter 141, division 130 is to establish procedures for volunteer associations to enter into agreements with the Department of State Lands to provide volunteer services. These services may include assistance with program implementation, maintenance or improvement of state lands administered by the department, and interpretative and educational programs. Statutory/Other Authority: ORS 273.196 - 273.199 & 273.045 Statutes/Other Implemented: ORS 273.196 - 273.199 History: DSL 2-2005, f. 4-13-05, cert. ef. 4-15-05
141-130-0020 Definitions The following definitions apply to this division: (1) “Agreement” means a form signed by a volunteer association and the department. (2) “Department” means the Department of State Lands. (3) “Director” means the director of the Department of State Lands or designee. (4) “State land facility” means a building or other structure located on lands owned by or under the control of the department. (5) “Volunteer association” means: (a) An entity that is tax exempt under section 501(c)(3) of the Internal Revenue Code including a group of individuals, volunteer group, service club; (b) A private, non-profit scientific, historic, or educational organization organized solely for the purpose of providing interpretative services for state land facilities in Oregon; (c) A business; or (d) A state or federal agency other than the Department of State Lands. Statutory/Other Authority: ORS 273.196 - 273.199 & 273.045 Statutes/Other Implemented: ORS 273.196 - 273.199 History: DSL 2-2005, f. 4-13-05, cert. ef. 4-15-05