justicedao/ipfs_state_laws huggingface dataset:
141-122-0100 Easements Issued on Common School Forest Land (1) The Oregon State Forester may issue an easement not to exceed a term of ten years [temporary easements] on certified Common School Forest Land in accordance with applicable statutes and administrative rules. (2) Such easements may be issued by the Oregon State Forester for uses such as, but not limited to: (a) Use of roads for forest management purposes; (b) Constructing, improving and/or maintaining temporary roads, including spur roads; (c) Constructing landing sites to deck timber; (d) Use of stumps and/or trees for guide lines and tail holds; (e) Extracting sand, gravel, or quarry rock for the improvement, construction or maintenance of state-owned roads; and (f) Use of existing roads for forest management purposes. (3) Any person wanting to obtain an easement on certified Common School Forest Land must apply directly to the Oregon Department of Forestry. (4) Any person wanting to obtain an easement on Common School Forest Land for the uses or developments described in OAR 141-122-0010(2) and (3), must apply to the Department pursuant to these rules. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010 History: DSL 1-2019, amend filed 01/08/2019, effective 01/08/2019 DSL 4-2008, f. & cert. ef. 10-15-08 DSL 7-2002, f. 12-23-02, cert. ef. 1-1-03 DSL 6-2000, f. 8-11-00, cert. ef. 9-1-00
141-122-0105 Easements For Structures and Facilities Necessary for the Use of Water (1) An easement is required for all structures and facilities placed on Trust Land managed by the Department that are necessary for the use of water. (2) An application received by the Department for an easement for a structure or facility necessary for the use of water will be processed pursuant to the provisions of OAR 141-122-0050 and 141-122-0060 (as applicable) of these rules. (3) The Department will allow a person to include up to three water pipelines and associated fixtures per lot of record on their application for an easement. (4) An easement issued by the Department under this section will have the same term as that of the associated right to use the water as determined by the Oregon Water Resources Department. Land Board approval will not be required for an easement granted under this section. (5) The Department may enter into an agreement with the Oregon Water Resources Department to consolidate the processing of easements for structures or facilities necessary for the use of water with the processing of a right to use water. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010 History: DSL 1-2019, amend filed 01/08/2019, effective 01/08/2019 DSL 4-2008, f. & cert. ef. 10-15-08 DSL 7-2002, f. 12-23-02, cert. ef. 1-1-03
141-122-0110 Unauthorized Uses and Penalties (1) Uses and developments not authorized by an easement issued by the Department, or by another agency as a valid existing right of record on land acquired by the Department, constitute a trespass and must be removed as directed unless otherwise authorized in writing by the Department. (2) In addition to any other penalties provided or permitted by law, the use or placement of any development on state-owned land without the required Department authorization as described in these rules, or which is otherwise not in compliance with these rules, will constitute a trespass and be prosecuted pursuant to governing law. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010 History: DSL 1-2019, amend filed 01/08/2019, effective 01/08/2019 DSL 4-2008, f. & cert. ef. 10-15-08 DSL 7-2002, f. 12-23-02, cert. ef. 1-1-03 DSL 6-2000, f. 8-11-00, cert. ef. 9-1-00
141-122-0120 Reconsideration of Decision An applicant or any person adversely affected by the issuance or denial of an easement by the Department may request the Director or the State Land Board, depending on which entity made the decision, to reconsider the decision. A request for reconsideration must be filed in compliance with ORS 183.482 or 183.484. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010 History: DSL 1-2019, amend filed 01/08/2019, effective 01/08/2019 DSL 4-2008, f. & cert. ef. 10-15-08 DSL 7-2002, f. 12-23-02, cert. ef. 1-1-03 DSL 6-2000, f. 8-11-00, cert. ef. 9-1-00
141-122-0130 Enforcement Actions; Civil Penalties and Other Remedies (1) The Department may: (a) Conduct field inspections to determine if uses of, and developments on, Trust Lands are authorized by, or conform with the terms and conditions of an easement and, if not, (b) Pursue whatever remedies are available under law to ensure that any use that is in violation of the terms or conditions of an easement is either brought into compliance with the requirements of these rules or other applicable law, or removed. (2) In addition to any other penalty or sanction provided by law, for uses subject to an easement located on Trust Lands, the Director may assess a civil penalty of not more than $1,000 per day of violation for the following: (a) Violations of any provision of OAR 141-122 or ORS 273 or 274; or (b) Violations of any term or condition of a written authorization granted by the Department under ORS 273 and 274. (3) The Director will give written notice of a civil penalty incurred under OAR 141-122-0130(2) by registered or certified mail to the person incurring the penalty. The notice will 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 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 141-122-0130(3). Such 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) In imposing a penalty under OAR 141-122-0130 of these rules, the Director will consider the following factors as specified in ORS 274.994: (a) The history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation; (b) Any prior violations of statutes, rules, orders and authorizations pertaining to Trust lands, or submerged and submersible lands; (c) The impact of the violation on Trust Land. (d) Any other factors determined by the Director to be relevant and consistent with the policy of these rules. (6) Pursuant to ORS 183.090(2), a civil penalty imposed under OAR 141-122-0130 will become due and payable 10 calendar days after the order imposing the civil penalty becomes final by operation of law or on appeal. (7) If a civil penalty is not paid as required by OAR 141-122-0130, interest will accrue at the maximum rate allowed by law from the date first due. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010 History: DSL 1-2019, amend filed 01/08/2019, effective 01/08/2019 DSL 4-2008, f. & cert. ef. 10-15-08
141-123-0080 Transfer of Easements (1) An easement in good standing is transferable. Prior written consent of the Department is required prior to any transfer of the easement. No transfer may increase the burden on the estate or detract from the value of the underlying state land. (2) The Holder of an easement wanting to transfer their easement must submit to the Department: (a) Notice of proposed transfer on a form provided by the Department at least 60 calendar days prior to the date that the transfer is to occur; and (b) Non-refundable transfer processing fee of $750 payable to the Department. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010 History: DSL 1-2019, adopt filed 01/08/2019, effective 01/08/2019
141-123-0090 Termination of an Easement (1) The Department may terminate any easement: (a) If there is no use of, or development placed on the easement area for five consecutive years; (b) If the easement is for a structure or facility necessary for the use of water on state-owned submerged and submersible land and the associated right to use water is cancelled by the Oregon Water Resources Department or abandoned by the easement Holder. Upon such termination, the Department will notify the easement Holder in writing using the last known address reported by the easement Holder to the Department. This notification will state that the easement has terminated, and that the easement Holder will have 30 calendar days from the date of the notice to respond in writing to the Director why the easement should be reinstated. The Director will notify the easement Holder in writing of his/her decision within 60 calendar days of receipt of the request for reinstatement of the easement; or (c) If the Holder of the easement fails to comply with these rules or the terms and conditions of the easement, or violates other laws covering the use of their authorized area, the Department will notify the Holder of the easement in writing of the default and demand correction within a specified time frame. If the Holder of an easement fails to correct the default within the time frame specified, the Department may: (A) Modify or terminate the easement; (B) Invoke other remedies as provided in OAR 141-123-0120. (2) Notwithstanding the provision of OAR 141-123-0090(1), the Department will not terminate a term easement if the Holder of the easement is ready, but unable to commence the requested use within the five-year period due to their inability to obtain other required authorizations within the five-year period. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010 History: DSL 1-2019, adopt filed 01/08/2019, effective 01/08/2019
141-123-0100 Easements for Structures and Facilities Necessary for the Use of Water (1) Except as otherwise provided in OAR 141-123-0100(2), an easement is required for all structures and facilities placed on Non-Trust Land managed by the Department that are necessary for the use of water. (2) An easement is not required for those parts of structures and facilities necessary for the use of water placed on state-owned submerged and submersible land managed by the Department if the: (a) Owner of the structures and facilities holds a valid right to use the water, and (b) Water is used exclusively for domestic and/or irrigation purposes. (3) Persons who own, use, have placed, intend to place, or have the legal authority to represent the owners or users of structures and facilities necessary for the use of water subject to an easement must apply to the Department for an easement on a form provided by the agency. The applicant must include with the application a non-refundable application fee in the amount of $125 payable to the Department to cover the administrative costs of processing the application and issuing the easement. (4) An application received by the Department for an easement for a structure or facility necessary for the use of water will be processed pursuant to the provisions of OAR 141-123-0050 and 141-123-0060 (as applicable) of these rules. (5) The Department will allow a person to include up to three water pipelines and associated fixtures per lot of record on their application for an easement. (6) An easement issued by the Department under this section will have the same term as that of the associated right to use the water as determined by the Oregon Water Resources Department. Land Board approval will not be required for an easement granted under this section. (7) The Department may enter into an agreement with the Oregon Water Resources Department to consolidate the processing of easements for structures or facilities necessary for the use of water with the processing of a right to use water. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010 History: DSL 1-2019, adopt filed 01/08/2019, effective 01/08/2019
141-123-0105 Unauthorized Uses and Penalties (1) Uses and developments not authorized by an easement issued by the Department, or by another agency as a valid existing right of record on land acquired by the Department, constitute a trespass and must be removed as directed unless otherwise authorized in writing by the Department. (2) In addition to any other penalties provided or permitted by law, the use or placement of any development on state-owned land without the required Department authorization as described in these rules, or which is otherwise not in compliance with these rules, will constitute a trespass and be prosecuted pursuant to governing law. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010 History: DSL 1-2019, adopt filed 01/08/2019, effective 01/08/2019
141-123-0110 Reconsideration of Decision An applicant or any person adversely affected by the issuance or denial of an easement by the Department may request the Director or the State Land Board, depending on which entity made the decision, to reconsider the decision. A request for reconsideration must be filed in compliance with ORS 183.482 or 183.484. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.761, 274.040, 274.720, 376.620, 530.050, 530.490 & 758.010 History: DSL 1-2019, adopt filed 01/08/2019, effective 01/08/2019
141-125-0100 Purpose And Applicability (1) These rules: (a) Apply to the management of state-owned Trust and Non-Trust Land for special uses. (b) Establish a process for authorizing such uses through the granting of leases, licenses and, short-term access authorizations (hereafter collectively referred to as a special use authorization). (c) Do not apply to the granting of proprietary authorizations for uses specifically governed by other Department administrative rules (2) A special use is one not governed by other Department administrative rules. Special uses include, but are not limited to, using state-owned land (including historically filled land) for: (a) Agriculture; (b) Industrial, business, commercial and residential purposes; (c) Native seed harvesting; (d) Scientific experiments and demonstration projects; (e) Conventions, sporting and other events; (f) Recreational cabins; (g) Commercial outfitting and guiding services; (h) Motion picture filming and set construction; (i) Renewable energy projects including, but not limited to wind turbines and wind farms, solar energy installations, geothermal resources installations and biomass generating facilities, and their related transmission lines within the authorized area; (j) Removal of semiprecious stones, petrified wood and fossils for commercial purposes; (k) Parking lots; (l) Materials and equipment storage; (m) Warehouses; (n) Marine service and repair facilities on state-owned upland; (o) Resorts and recreational facilities; (p) Golf courses; (q) Upland quarries; (r) Geological investigations; (s) Liquefied natural gas receiving plants; (t) Grazing on land other than that designated as rangeland; (u) Removal of juniper and other trees, plants or biomass for commercial use; and (v) Removal of sunken logs, woody debris and abandoned pilings for their commercial value. (3) The Director may determine other uses and developments similar to those specified in OAR 141-125-0100(2) that are also subject to a special use authorization and these rules. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: OR Const. Art. VIII, Sec 2 & 5 History: DSL 6-2024, amend filed 12/10/2024, effective 12/13/2024 DSL 1-2017, f. & cert. ef. 1-12-17 DSL 3-2015, f. 11-9-15, cert. ef. 12-1-15 DSL 3-2008, f. & cert. ef. 10-15-08 DSL 1-2002, f. 2-7-02, cert. ef. 3-1-02
141-125-0130 Application Requirements for a Lease or License (1) Any person wanting to use state-owned land for any of the purposes described in OAR 141-125-0100(2) and (3) must: (a) Apply in writing to the Department for a lease or license using a form provided by the Department; and (b) Submit a non-refundable application processing fee payable to the Department to cover the administrative costs of processing the application and issuing the authorization. (2) The application processing fee for a lease or license is $750. (3) Unless otherwise allowed by the Director, a fully completed application for a lease or license must be submitted to the Department at least 180 calendar days prior to the proposed use or placement of a development subject to these rules in, on or over state-owned 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
141-125-0150 Competitive Bidding Process (1) Except as provided in OAR 141-125-0110(9) and 141-125-0140(10), the Department will determine on a case-by-case basis if an area requested for a lease will be offered to the public through competitive bidding. This decision will be made after considering: (a) Whether the area requested for a lease is for a use located on Trust or Non-Trust Land; (b) The nature of the use and length of authorization requested; (c) The availability of reliable data regarding the comparative compensatory payments for the proposed use; and (d) Whether other applications are received by the Department to use the same area requested for the same or competing uses. (2) The Department will give Notice of Parcel Availability and provide an opportunity for applications to be submitted if it: (a) Determines that the greatest public benefit and/or trust obligations of the Department would be best served by offering the subject area through competitive bidding, or (b) 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. (3) 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. (4) 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. (5) The highest qualified bidder will be awarded the lease at auction subject to satisfaction of the requirements of OAR 141-125-0140(8) and 141-125-0170(4) of these rules. However, the Department will have the right to reject any and all bids submitted. (6) The Department may offer parcels for which no application has been received to the public through a competitive bidding process. When doing this the Department will follow the competitive bidding process provided in OAR 141-125-0150(3) through (5) and be responsible for the expenses of publishing the required notices. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: OR Const. Art. VIII, Sec 2 & 5 History: DSL 6-2024, amend filed 12/10/2024, effective 12/13/2024 DSL 3-2008, f. & cert. ef. 10-15-08 DSL 1-2002, f. 2-7-02, cert. ef. 3-1-02
141-125-0180 Insurance and Bond (1) The Department, in the exercise of its reasonable discretion, may require the holder of a special use authorization to obtain insurance in a specified amount if the use, in the opinion of the Department, constitutes a risk to public safety, or to the State of Oregon. (2) The Department may request that the applicant for, or the holder of a special use authorization provide information concerning the use of the area to the Risk Management Division of the Oregon Department of Administrative Services, which may assist the Department in determining the appropriate amount of insurance coverage based on the nature of the use. (3) The Department may, at its discretion, require that the holder of a special use authorization obtain a surety or bid bond in an amount specified by the Department (or a cash deposit in an amount equal to the surety bond and which names the State of Oregon as co-owner) to ensure that they will perform in accordance with all terms and conditions of an authorization. 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
141-125-0190 Termination of a Special Use Lease, License or Short Term Access Authorization For Default (1) If the holder of a special use authorization fails to comply with these rules or the terms and conditions of the authorization, or otherwise violates laws governing their use of the authorized area, the Department will notify the holder of the authorization in writing of the default and demand correction within a specified time frame. (2) If the holder of a special use authorization fails to correct the default within the time frame specified, the Department may: (a) Modify or terminate the authorization; and (b) Request the Attorney General to take appropriate legal action against the holder of the authorization. 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
141-125-0200 Assignment of Special Use Leases and Permits; Subleasing (1) A lease in good standing is assignable. (2) Licenses and short-term access authorizations are non-assignable. (3) To assign 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 to occur; and (b) Non-refundable assignment processing fee of $750 payable to the Department. (4) The Department may request additional information concerning the proposed assignment. (5) A lessee or licensee wanting to offer a sublease or sublicense to another person must: (a) Obtain prior written authorization from the Department by applying to the Department on a form provided by the Department at least 60 calendar days prior to the date that the sublease or sublicense is desired; and (b) Submit a non-refundable sublease or sublicense review fee of $250 along with the application form. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: OR Const. Art. VIII, Sec 2 & 5 History: DSL 6-2024, amend filed 12/10/2024, effective 12/13/2024 DSL 3-2008, f. & cert. ef. 10-15-08 DSL 1-2002, f. 2-7-02, cert. ef. 3-1-02