Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0260 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to Oregon law as defined in ORS 274, all tidally influenced and title
			 navigable waterways (referred to as state-owned submerged and submersible land)
			 have been placed by the Oregon State Legislature under the jurisdiction of the
			 State Land Board and the Department, as the administrative arm of the State
			 Land Board.
(2) The State Land
			 Board, through the Department, has a constitutional responsibility to manage
			 "the lands under its jurisdiction with the object of obtaining the greatest
			 benefit for the people of this state, consistent with the conservation of this
			 resource under sound techniques of land management" pursuant to Article 8,
			 Section 5(2) of the Oregon Constitution.
(3) State-owned submerged and submersible
			 land is managed to ensure the collective rights of the public, including
			 riparian owners, to fully use and enjoy this resource for commerce, navigation,
			 fishing, recreation and other public trust values. These rights are
			 collectively referred to as "public trust rights."
(4) No person is allowed to place a structure
			 or vessel on, or make use of state-owned submerged and submersible land,
			 regardless of the length of time the structure may have existed on, or the use
			 may have occurred on the land, without the required authorization described in
			 these rules, unless the structure or use is exempt from such authorization by
			 law or these rules. Ownership of state-owned submerged and submersible land
			 cannot be obtained by adverse possession regardless of the length of time the
			 structure or use has been in existence.
(5) All uses of state-owned submerged and
			 submersible land must conform to local (including local comprehensive land use
			 planning and zoning ordinance requirements), state and federal laws.
(6) The Department shall not authorize a
			 proposed use or structure if it:
(a) Is
			 inconsistent with local, state, or federal laws;
(b) Is not in compliance with these rules;
(c) Would result in an
			 unreasonable interference with the public trust rights of commerce, navigation,
			 fishing and recreation;
(d) Would
			 have unacceptable impacts on public health, safety or welfare, or result in the
			 loss of, or damage to natural, historical, cultural or archaeological
			 resources;
(e) Is prohibited by a
			 State Land Board or Department-adopted area closure, use restriction, or
			 waterway management plan (such as the Lower Willamette River Management Plan; a
			 Total Maximum Daily Load Plan; or the Oregon Territorial Sea Plan);
(f) Is inconsistent with any endangered
			 species management plan adopted by the Department under the Oregon Endangered
			 Species Act (ORS 496.171 to
			 496.192); or
(g) If it extends from the bank of a waterway
			 for a distance that exceeds 25 percent of the width of the waterway, unless
			 authorized by the Director. In determining whether to authorize a structure
			 that extends in excess of 25 percent of the width of the waterway, the Director
			 shall consider:
(A) Whether the structure
			 alone, or in combination with existing structures within the waterway, would
			 unreasonably interfere with the public trust rights of commerce, navigation,
			 fishing and recreation;
(B)
			 Whether the physical conditions of the land or waterway requires a structure in
			 excess of 25 percent of the width of the waterway in order to engage in the
			 proposed use.