736-020-0002 Definitions (1) “Alteration” — means “improvement” as that term is defined by statute, ORS 390.605(1), and included in these definitions at OAR 736-020-0002(9). (2) “Commission” — means the Oregon Parks and Recreation Commission. (3) “Construction Value” — means the costs of labor, equipment, materials, and all contractor fees, where those costs are incurred by the applicant or the applicant’s agent(s). (4) “Department” — means the Oregon Parks and Recreation Department. (5) “Director” — means the Oregon Parks and Recreation Director. (6) “Emergency Permit” — means a written or oral permit for a new improvement, or the repair, replacement or restoration of an existing or authorized improvement, deemed necessary to protect property or property boundaries in imminent peril of being destroyed or damaged by action of the Pacific Ocean or the waters of a bay or river. (7) “Fill” — means the total of deposits, by artificial means, of material at any one location within the boundaries of the ocean shore. (8) “Imminent Peril” — means a situation in which property is likely to be severely damaged or destroyed by action of the Pacific Ocean or waters of a bay or river, or by landslide or other natural forces, and where such damage would be likely to occur prior to the time required for approval of an Ocean Shore Permit. (9) “Improvement” — means filling a portion of the ocean shore; removal of material from the ocean shore; or a structure, appurtenance or other addition, modification or alteration constructed, placed or made on or to the land (ORS 390.605(1)). For the purpose of these rules, the term “alteration” shall be used in place of “improvement” except as otherwise specified in these rules. (10) “Just Compensation” — means payment(s) of cash, or other legally acceptable valuable consideration, as compensation to the State of Oregon for the right to construct or occupy the ocean shore with a pipeline, cable or conduit or gather natural products from the ocean shore for commercial use or private gain. (11) “Line of Established Upland Shore Vegetation” — means that line along the Pacific Ocean shore where upland vegetation cover becomes continuous; or, where minor gaps, breaks or landward indentations in the line of continuous vegetation occur, the projected line across the gap, break or landward indentation connecting the line of continuous vegetation on either side. (12) “Material” — means rock, gravel, sand, silt, and other inorganic substances removed from the ocean shore and any materials, organic or inorganic placed within the ocean shore. (13) “Ocean Shore” — means the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line as described by ORS 390.770 or the line of established upland shore vegetation, whichever is farther inland. “Ocean shore” does not include an estuary as defined in 196.800 (390.605(2)). For purposes of these rules, at the mouth of estuaries, the inland extent of the ocean shore extends only to that point at which the statutory vegetation line crosses the estuary. (14) “Ocean Shore Permit” — means a permit for a structure, appurtenance or other addition, modification or alteration, including habitat restoration, constructed, placed or made on the ocean shore as required by the provisions of ORS 390.640; a permit for a pipeline, cable line, or conduit placed or made across or under the ocean shore as required by the provisions of 390.715; or a permit for the removal of products from the ocean shore as required by the provisions of 390.725. (15) “Property” — means an upland building, road, street, highway, sewer or water line, or other infrastructure improvement. (16) “Public Agencies” — means federal and state agencies, local governments, and municipal and quasi-municipal jurisdictions designated under Oregon law. (17) “Removal” — means the taking of material from the ocean shore, or the movement, alteration or displacement of material on the ocean shore by artificial means. (18) “Responsible Party” — means the person(s), including the landowner, applicant or permittee and their contractors or agents, or the company, organization, local, state or federal agency or other entity in violation of the ocean shore statutes, rules, standards, permit conditions or order of the Director, pertaining to an improvement project; pipeline, cable or conduit project; or natural product removal project on the ocean shore. (19) “State Recreation Area” — means a land or water area, or combination thereof, under the jurisdiction of the State Parks and Recreation Department used by the public for recreational purposes (ORS 390.605(3)). Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.605 - 390.770 & 390.990 - 390.995 History: PRD 7-2000, f. & cert. ef. 5-10-00