Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0097 - Application for Special Use Device Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of this rule the term
			 Special Use Device includes waterski courses, ski jumps, race buoys, kayak race
			 gates and other floating devices used to mark water events. These rules apply
			 to all of the waters of this state.
(2) An individual or organization planning to
			 install a special use device on the waters of this state shall submit a
			 completed application for a special use device permit to the Marine Board at
			 least 30 days before an anticipated installation.
(3) Exemptions. Devices installed in
			 conjunction with an authorized marine event do not require a separate permit
			 other than the permit by ORS Chapter 830 and OAR 250-010-0095. Devices
			 installed for private non-commercial use are permitted for a period up to 12
			 hours, between sunrise and sunset, without a permit, provided the device is
			 removed before sunset.
(4) The
			 application shall be in such form as required by the Board. The applicant must
			 furnish information on the type of device, dates of installation and proposed
			 use, a description of the location including maps sufficient to locate the
			 planned placement of the device, information identifying adjacent property
			 owners by name and address, and other information deemed necessary by the
			 Board.
(5) The Marine Board will
			 circulate a notice of the proposed installation for public comment and review.
			 Particular notice will be provided to adjacent landowners, the county sheriff
			 and other interested parties. A hearing on the proposed device installation may
			 be held if requested.
(6) The State
			 Marine Director shall evaluate the application and consider public comments in
			 deciding whether to issue a permit. The Director shall consider the size of the
			 waterbody, season of use, probable impacts to adjacent properties, potential
			 for use conflicts and other factors related to the public health, safety and
			 welfare.
(7) The Director may
			 condition permits as to days and hours of operation, anchoring materials and
			 methods, special lighting requirements if any, and other requirements as
			 necessary
(8) The applicant or
			 other affected parties may appeal the decision of the Director to the Board.
			 Requests for Board review must be in writing within 30 days of the Directors
			 decision on a permit.
(9) A special
			 use permit does not authorize Marine Events. A separate permit is required if a
			 permitted special use device is to be used for a boat race, regatta, tournament
			 or exhibition.
(10) A Marine Board
			 special use permit does not relieve the applicant from other federal, state or
			 local permits, licenses, or approval which may be required.
(11) Permits may be valid for a period up to
			 three years. The permit may be revoked or cancelled for violation of permit
			 conditions, complaints regarding use by the public or county sheriff, or a
			 request by ten or more persons.
(12) The Permittee shall be responsible for
			 ensuring the safety of the proposed device area and keep it clear of debris,
			 obstructions and other elements that constitute a safety hazard. A special
			 device permit shall not give the permittee exclusive use of the waters of the
			 state in the permit area.
Stat. Auth.: ORS 830
Stats. Implemented: ORS
				  830.110